KAMDHENU ISPAT LIMITED Vs. KAMDHENU METAL

JUDGEMENT

(1.) By this order I propose to dispose of the above suit filed by the plaintiff seeking the relief of a perpetual injunction restraining passing off the goods by defendants under the mark 'Kamdhenu Metal', rendition of account of profits, delivery up, etc.

(2.) Summons were issued in the prescribed form and were duly served upon the defendant. However, the defendant did not take part in the proceedings and the matter was proceeded ex-parte against him. Ex-parte evidence was led. Documents were exhibited. Arguments advanced and orders reserved. PLAINTIFF'S CONTENTIONS

(3.) The plaintiff company which is duly registered under the Companies Act, 1956, having its registered office at A-1114, Riico Industrial Area, Phase III, Bhiwadi, Alwar, Rajasthan and Delhi Office at 5/2, Punjabi Bagh Extension, New Delhi is a public limited company. The suit has been filed through Mr. Arvind Gupta, Company Secretary of the plaintiff who has been duly authorized for the said purpose vide a Board Resolution in his favour. The plaintiff company in the year 1991 honestly, bonafidely adopted the trademark / trade name 'Kamdhenu' in the course of the trade of manufacturing and marketing of Steel Bars and other allied goods. Plaintiff's products are being distributed in the major parts of the country. The word 'Kamdhenu' also forms a vital part of its trade name, i.e., Kamdhenu Ispat Ltd.