AJANTA INDIA LTD. Vs. AJANTA LTD.

JUDGEMENT

(1.) THIS common order will dispose of interim injunction applications and applications for vacation of EX PARTE injunction in the three Suits filed by Ajanta India Limited being CS(OS) Nos. 2012, 2013 and 2024/2007. The defendants in these Suits are different companies/concerns but controlled by the same group of persons. Common arguments were addressed by the parties and Suit No. 2012/2007 was taken as the lead case.

(2.) IN 1971, Mr. Odhavji Bhai R. Patel established a partnership firm Ajanta Transistor Clock Manufacturing Co. The firm adopted the mark AJANTA, which with passage of time became distinctive of the origin/source of the products which primarily consisted of wall clocks, time pieces and wrist watches. In 1989 Ellora Time Pvt. Ltd. and Ajanta Watch Ltd. were incorporated. Another company Ajanta Electronics Pvt. Ltd. was incorporated in 1994.

(3.) THE first Agreement dated 19th November, 2002, captioned "Deed of Assignment", was executed between "Ajanta Transistor Clock Manufacturing Company" as the assignor and "Ajanta India Limited" as the assignee. The Deed records that the assignors were registered proprietors or users of the mark AJANTA and registered proprietors of design and copyright in artistic work Ajanta as mentioned in Schedules "A" to "D" to the Agreement. The mark AJANTA and the copyright in the artistic work Ajanta were assigned and transferred by "Ajanta Transistor Clock Manufacturing Company" to "Ajanta India Ltd." in all classes including wrist watches, except clocks and time pieces in Class 14, for a token consideration of Rs. 34 lacs. Relevant recital Clause from the Deed of Assignment dated 19th September, 2002 reads: