UNITED BREWERIES LTD. Vs. INDO AGRO INDUSTRIES

JUDGEMENT

(1.) The present suit is instituted by the plaintiff against the defendant for rendition of accounts, permanent injunction against infringement of trademark, copyright and passing off. The suit was registered on 25.4.2005 and summons were issued to the defendant returnable for 17.5.2005. On the same date, an interim order was passed on an application filed by the plaintiff under Order 39 Rule 1 & 2 of CPC being I.A. No.3013/2005 restraining the defendant, its agents, distributors, dealers, etc., from using the trademark "KINGFRESHER" or any other similar or deceptively similar trade name on their beverages and other products. They were also restrained from using logo which may be deceptively similar to the logo of the plaintiff.

(2.) The defendant was duly served with the summons which were refused. As the summons were refused, vide order dated 8.5.2006, the defendant was directed to be proceeded against exparte and the plaintiff was directed to file its exparte affidavit by way of evidence thereafter, which has been done.

(3.) At the outset, counsel for the plaintiff states that the plaintiff be permitted to pay ad valorem court fee on the plaint by valuing the relief for permanent injunction at Rs.25.00 lacs. She undertakes to deposit the court fee on the aforesaid amount within four weeks from today. Subject to the aforesaid undertaking, the following judgment is being passed while making it clear that till the plaintiff deposits the court fee, the decree sheet shall not be drawn in its favour.