CHINAR TRUST Vs. USHA INTERNATIONAL LIMITED

JUDGEMENT

(1.) This is an application (I A. 2347/86) under Order 39 Rule 4 read with Section 151 Civil Procedure Code filed by the defendant wherein the defendant has prayed that the ex-parte injunction granted by this Court on 1st April 1986 be vacated and the suit as well as the application filed by the plaintiffs be dismissed.

(2.) The facts of the case lie in a very narrow compass. Plaintiff no. 1 is a registered proprietor of the trade mark USHA for various goods namely Mixing machines for kitchen use, room heaters, stoves, hot plates for cooking and electric irons etc. for which various registration numbers are assigned to them. Plaintiff no. 2 is a Trust and is engaged in trading in goods including Mixies bearing the trade mark USHA under the licence of plaintiff no. 1. Plaintiff no. 3 is a marketing organisation which markets the USHA mixer grinders of plaintiffs 1 and 2. The plaintiffs claim to be owning the trade mark USHA for more than seven years. On 1st February 1968 the plaintiffs' attention was invited to a Caution Notice dated 4th January 1986 issued by the defendant who claimed to be the proprietor of the trade mark USHA in relation to mixers and grinders etc. Pursuant to this Caution Notice the plaintiffs sent general notice to the defendants calling upon them to desist from using the trade mark USHA in relation to mixers, grinders or any other consumer durables and refrain from manufacturing, selling, offering for sale, advertising or dealing in mixies, grinders and household goods under the trade mark USHA. The defendant filed a suit before the District Judge, Ambala on 12th March 1986 alongwith an application for injunction under Sections 105, 106 and 120 of the Trade & Merchandise Marks Act, 1958 (hereinafter referred to as the Act) against Shriram Group of Companies from extending the illegal and unjustifiable threats. Alongwith this suit an application under Order 39 Rules I and 2 read with Section 151 of the CPC was also filed for grant of ad interim injunction restraining the defendant in that suit from using the trade mark USHA in respect of mixers, juicers and grinders.

(3.) By an order dated 12th March 1986 the District Judge, Ambala ordered notice on the application and granted ad interim ex-parte stay against Shariram Group of Companies restraining them from using the trade mark USHA in respect of mixers, Juicers and grinders till further orders. Thereafter, the plaintiffs filed the present suit alongwith an application under Order 39 Rules I and 2 against the defendant and the order dated 1st April 1986 came to be passed.