PRAKASH INDUSTRIES LTD Vs. MANMOHAN BANSAL & ORS

JUDGEMENT

(1.) The plaintiff has instituted the present suit for permanent injunction to restrain the three defendants, of which the address of defendants no.1&2 i.e. Mr. Manmohan Bansal and M/s Deepak Enterprises is of Moga in Punjab and of the defendant no.3 M/s RTC (India) is of Jalandhar in Punjab, from making, selling, offering for sale, advertising or dealing in any manner in any kind of PVC pipes, PVC bends and all kinds of plastic and PVC goods using the trademark ,,PARKASHDEEP or any other mark which is identical or deceptively similar to the plaintiffs trademark ,,PRAKASH and for ancillary reliefs.

(2.) The suit was entertained and vide ex parte order dated 25th May, 2015 which continues to be in force, the defendants were restrained from dealing in PVC pipes and other allied/other goods using the trademark ,,PARKASHDEEP or any other mark identical or deceptively similar to plaintiffs trademark ,,PRAKASH.

(3.) The pleadings have been completed. Besides the application of the plaintiff for interim relief, two applications of the defendants i.e. IA No.16337/2015 under Order VII Rule 10 and IA No.16338/2015 under Order VII Rule 11 CPC are also for consideration.