INVEST IMPORT Vs. WATKING MAYOR AND COMPANY

JUDGEMENT

(1.) The first appeal is directed against the final decree passed by the Additional District Judge, Delhi on August 24, 1966, in favour of the respondent herein and against the appellant and M/s. Raj Kumar Khanna and Sons.

(2.) The respondent, M/s. Watkin Mayors and Co., filed a suit against the appellant. M/s. Invest Import, Beograd, and M/s. Raj Kumar Khanna and Sons through Raj Kumar Khanna or any other persons incharge of the business of the firm, claiming a permanent injunction against the aforesaid defendents restraining them from marking, importing, selling or offering for sale directly or through their agents or representatives chaff cutter knives and blades and/or other agricultural implements and machines or parts thereof with the name or picture of a Lion or one resembling a Lion. On the allegation that the defendants had marked, imported and sold chaff cutter knives and blades in violation of the plaintiff's registered trade mark thus causing loss to them, the plaintiffs also claimed a decree for Rs. 30,000 as damages with interest at the rate of 6 per cent per annum from the date of the suit till payment against the aforesaid defendants. A preliminary decree was passed in favour of the plaintiffs, the respondent, and against the two defendants, namely, the appellant and M/s. Raj Kumar Khanna and Sons. A local commissioner was appointed. On receipt of the report of the local commissioner and after hearing the objections to his said report a final decree for recovery of Rs. 30,000 was passed against the aforesaid defendants. It is against that decree that the appellant comes in appeal before us.

(3.) As we have said the respondent was the plaintiff, the appellant was the first defendant and M/s. Raj Kumar Khanna was the 2nd defendant in the suit. In the plaint the plaintiffs had, inter alia, pleaded that on or about the end of October and November, 1956 and thereafter, defepdant No. 2 through defendant No. 1 imported chaff cutter knives bearing a trade mark of "lion brand" and wrongfully sold the same in the market in the year 1957 and thereafter. It was alleged that the two defendants conspired and flooded the market with the spurious chaff cutter knives during 1957-58 and the sales of the plaintiff fell very considerably. It was also pleaded, that the defendants, besides other quantities, imported 40,000 pairs of the above referred chaff cutter knives during the aforesaid period. The plaintiff further contended that the defendants had been requested to desist from selling the said spurious goods but they did not listen. On the other hand, the defendants openly declared and affirmed a right in them to import in India and sell and offer for sale in the market chaff cutter knives and blades and other agricultural implements and machines and parts there- of with the name and picture of a lion or one resembling a lion and also to mark the said material or to have them marked for purposes of sale with the name and picture of a lion or one resembling it.