SURYA ROSHNI LIMITED Vs. SMANS STEELS LIMITED

JUDGEMENT

(1.) This order will dispose of the application filed by the plaintiff under Order 39 Rules I and 2 read with Section 151 Civil Procedure Code, being I.A. No. 6321/1994, praying for grant of temporary injunction restraining the defendandants, their servants, agents, dealers, representatives and all other persons on their. behalf from manufacturing, selling, offering for sale or otherwise dealing with directly or indirectly with PVC pipes, tubes and fittings thereof under the trade mark 'PRAKASH SURYA' and/or 'SURYA PRA.KASH' or any other identical and/or doceptively similar trade marks as 'of the plaintiffs. This order shall also further dispose of the injunction application No. 7188/94 wherein the defendant: No.2 has sought for setting- aside/vacating the ex parte injunction granted by this court on 15.6.1994 whereby, the defendants, their servants, agents and representatives were restrained from selling, offering for sale or dealing with PVC pipes and tubes with the offending trade mark TRAKASH SURYA' or -'SURYA PRAKASH' identical with or deceptively similar to the trade mark of the plaintiff till the next date.

(2.) The plaintiff instituted a suit contending, inter alia, that the plaintiff and its predecessors-in-interest have been using the trade marks 'PRAKASH', 'PRAKASH'in style, 'SURYA', P.T.L.'/monogram, 'PRAKASH SURYA', 'PSP', 'PST', 'SURYA PRAKASH', in relation to their products viz. steel pipes and steel tubes and the fittings thereof from the year 1973 continuously till date. It was also stated the words 'PRAKASH', 'PRAKASH' in style and 'SURYA' were registered trade marks of the plaintiff for steel pipes, tubes and fittings since the year 1985 and 1987 respectively. The plaintiff has also applied for registration of trade inarks 'SURYA' and 'PRAKASH SURYA' and 'SURYA PRAKASH' in respect of PVC pipes, tubes and fittings and the said applications are likely to be advertised soon in the Trade Marks Journals. It is stated that the plaintiff had also been incurring huge expenses in the promotion and advertisement in relation to the trade mark 'SURYA', 'PRAKASH SURYA', 'SURYA PRAKASH' etc., on account of which the people in general have associated their prod nets or service bearing.the aforesaid words exclusively with the products of the plaintiff. It is further stated that it came to the notice of the plaintiff that the defendant No.1 had started pirating the registered trade marks of the plaintiff 'PRAKASH' and 'SURYA' in respect of their products of steel pipes, tubes and fittings as also PVC pipes, tubes and fittings thereof. Under the aforesaid circumstances, the plaintiff has instituted the present suit in which the application under Order 39 Rules 1 and 2 came to "be filed.

(3.) This court which issuing summons in the suit also issued an ad interim temporary injunction restraining the defendants, their servants, agents and representatives from selling, offering for sale or dealing with PVC pipes and tubes with the offending trade marks 'PRAKASH SURYA' and/or 'SURYA PRAKASH' identical and/or deceptively similar to the trade marks of the plaintiff till the next d.ate.