LAWS(DLH)-1994-7-67

M APPLIANCE LIMITED Vs. JOGINDER SINGH

Decided On July 18, 1994
M.APPLIANCE LIMITED Appellant
V/S
JOGINDER SINGH Respondents

JUDGEMENT

(1.) The office to register this application This is an application under Order 6 Rule 17 for amendment of the plaint with a view to incorporate a plea that this Hon'ble Court has territorial jurisdiction as defendants are residing as well as carrying on business at Delhi. The application is formal and has been moved even before any action is taken in the suit. I allow this application. S. No. 1476/94 and I.A.

(2.) Suit be registered. Summons in suit and notice in the application be issued to the defendant. Counsel for defendant accept the summons and the notice. Copies of the plaint, application and annexure have already been supplied to the counsel for defendant. The written statement and reply to the application be filed within 10 days. Replica- cation and rejoinder with n 10 days thereafther. Adjourned to 7th November, 1994.

(3.) I have heard the learned counsel for the parties to decide whether an ex-parte injunction should be granted in favour of the plaintiff in this case or not. The plaintiff has a registered trade mark under the name and style of 'MITASO'. The defendant has started marketing his similar type of goods under the trade mark 'META SHOW. The two words, on the face of it, are deceptively similar phonetically. Any ordinary customer could be easily misled in treating the goods of one as coming from the source of another.