WHIRPOOL CO Vs. N R DONGRA

JUDGEMENT

(1.) This is an application filed by the plaintiffs under Order 39 Rule 1 & 2 Civil Procedure Code seeking grant of an ad-interim injunction preventing the defendants from passing off their goods as the plaintiffs', in breach of the plaintiff's trade mark "WHIRLPOOL".

(2.) The suit was filed on 4.8.94. The plaintiffs' application came up for consideration on 5.8.94. The counsel for the plaintiffs had pressed for the grant of an ad-interim injunction ex-parte. However, the defendants had entered in appearance and were willing to accept notice. Copies of the pleadings with documents were delivered to the defendants. The defendants filed their counter-affidavit and have joined in hearing which commenced on 8.8.94. The documents filed on behalf of the plaintiffs are voluminous preserved into several boxes. The defendants have filed a brief affidavit which only was possible in view of the short time available at their disposal. They have joined in hearing reserving their right to file detailed affidavits and documents contesting the plaintiffs prayer.

(3.) Whirlpool Corporation, the plaintiff No.l is a multinational, incorporated in USA. TVS Whirlpool Ltd., the plaintiff No.2 is a limited company incorporated in India wherein the plaintiff NO. 1 has a majority shareholding. The plaintiff No.2 has been licenced by the plaintiff No.l to use the trade mark and trade name Whirlpool.