RAVI RAJ KHANNA Vs. LALIT GUPTA

JUDGEMENT

(1.) The plaintiffs have filed a suit for permanent and mandatory injunction and for passing off and infringement of its designs in the shape of designer furniture. The plaintiffs filed an application for interim relief and ad interim orders were granted on 17.12.2004 in favour of the plaintiff. Local Commissioner was also appointed to seize the products and goods of the defendants, the details of which are set out as Annexure A-I to the plaint, to be released on superdari to the defendants. The Local Commissioners executed the local commission. The defendants filed IA 2893/2005 under Order 39 Rule 4 read with Section 151 CPC for vacation of the interim orders.

(2.) The plaintiff No.1 is the sole proprietor of plaintiff No.2 and applied for registration of its own designs under the design name "DIMENSIONS OVERSEAS" Defendant No.1 is stated to be engaged in the same business. The plaintiff started the designing and manufacturing around June, 2003 and thereafter is stated to be selling the product in the country as well as abroad. The designing is stated to have been done for five star hotels and international chains. The plaintiff claims to have workforce of over 200 people and seasoning plant which is fully automatized and works on dehumidifying technology. The designs of the plaintiff are stated to be exclusive and developed by plaintiff No.1.

(3.) In the fair of the Export Promotion Council for handicrafts organised at Pragati Maidan in October, 2004, it was found that the defendants had put up a stall displaying the same designs of furniture as the plaintiff. The brochure of the defendant was stated to be a copy of the brochure of the plaintiff.