TIKUM CHAND Vs. MOOL CHAND

JUDGEMENT

(1.) This is a suit for perpetual injunction and rendition of account seeking following reliefs:

(2.) The case of the plaintiff is that since 1955 he is carrying on the business of Pan seller under the name and style of PRINCE PAN CENTRE at 5051, Netaji Subhash Marg, New Delhi; that due to use of good material and giving good. service aforesaid PRINCE PAN CENTER become popular centre for purchase of pans and its allied materials like Pan Masala, Illachi, Supari, Tobacco and other ingredients Pan and Pan Masala; that because of popularity of Prince Pan Centre the plaintiff was given contracts for serving at various ceremonial occasions all over India; even foreigners who visit Moti Mahal Restaurant for Indian Mughlai Food come and purchase Prince Pan from the plaintiff's shop and this since along user the aforesaid PRINCE PAN CENTRE has become exclusive property of the plaintiff. The plaintiff with arrangements is running shops of Punjabi Bagh and Hotel Richi Rich. The plaintiff has earned handsome reputation, goodwill and name with the trade and the users of goods of PRINCE PAN CENTRE and a statement of sale of the last ten years is place on the record. The claim of me plaintiff is that me defendant has no right to use the trade name PRICE PAN CENTRE and it's use by the defendant is illegal and has been done with the sole intention of deceiving' and/ or misleading me trade and members of the public.

(3.) Hence the suit. Even after service, the defendants remained absent. Thus the suit proceeded ex parte. The plaintiff has filed affidavit by way of evidence. The plaintiff has filed some original documents which are exhibited by the Joint Registrar as mentioned in his order dated 28.11.95.