GLOBE SUPER PARTS Vs. PARAMOUNT ELECTRICALS

JUDGEMENT

(1.) As common questions of law and fact are involved in I. As. 2057 and 2518 of 1977 in Suit No 505 of 1977 {Globe Super Parts v. Para-mount Eleciricals and another), 1. As., 2050 and 2473 of 1977 in Suit No. 502 of 1977 (Globe Super Parts v. V.K. Saggi Industries and another) and I. As 2055 and 2353 of 1977 in Suit No. 504 of 1977 (Globe Super Parts v. Indian Electricals and others), they will be disposed of by this one order. In all the three suits plaintiff is the same and reliefs sought against the various defendants are also identical.

(2.) Globe Super parts, a partnership firm, filed suit No 505 of 1977 against Paramount Electricals and Hamnami Store, defendants, on 5-7-1977 alleging that the plaintiff firm manufactures and sells Gas Tandoors of an exclusive type, which had been introduced and marketed for the past about six months. It further alleged that prior to the production of the said Tandoor by the plaintiff, the said item was never known in India or anywhere else in the world. The salient features of this Tandoor are mentioned as under :-

(3.) It is further stated that Paramount Electricals (defendant No. 1) is the manufacture, while Hamnami Store (defendant No. 2) is the seller of the impugned products. It is alleged that the defendants have adopted identical and/or deceptively similar features to those of the plaintiff and have marketed Gas TANDOOR which infringes the plaintiff's Registered Design No. 145258, and that both the shape as well as the configuration of the plaintiff's design have pirated by the defendants.