TOTAL Vs. KRISHAN GUPTA

JUDGEMENT

(1.) The Plaintiff, a company incorporated under the laws of the Republic of France instituted the present suit for restraining the infringement of its registered trademark and corporate name. The cause of action for institution of the suit was the incorporation of the Defendant No. 4 (in the suit as originally filed) in the name of Total Gas Private Limited. The suit, besides against the Defendant No. 4 Total Gas Private Limited was also filed against the Defendants No. 1, 2 and 3 as Directors of the said Total Gas Private Limited and against the Defendant No. 5 Company which was stated to be a group Company of the Defendant No. 4 Total Gas Private Limited. However, vide order dated 4th August, 1999, the said Defendant No. 5 was deleted from the array of Defendants. The Defendant No. 2 Shri Vijay Kumar Gupta applied vide I.A. No. 13618/2006 for deletion of his name from the array of Defendants and vide order dated 11th May, 2007, his name was deleted from the array of Defendants on his representation that he had nothing to do with the Defendant No. 4 Total Gas Private Limited. Thus, the suit survived against the Total Gas Private Limited as the Defendant No. 3 and against Shri Krishan Gupta and Shri Ashok Jain as Defendants No. 1 and 2, respectively, vide amended memo of parties dated 1st September, 2007.

(2.) Defendant Shri Krishan Gupta was proceeded ex parte vide order dated 4th August, 1999. The Defendants Shri Ashok Jain and Total Gas Private Limited filed a written statement and on the basis of their written statement, issues were framed on 14th March, 2001. However, the counsel earlier appearing for the Defendants Shri Ashok Jain and Total Gas Private Limited sought discharge on 31st January, 2005 and upon the failure of the said Defendants to appear in spite of service of court notice, they were also proceeded ex parte on 27th May, 2005.

(3.) The suit was thereafter, on change in pecuniary jurisdiction of courts, transferred to the district court. The Plaintiff applied for amendment of the plaint and whereafter, the suit came back to this court. Notwithstanding that all the Defendants had been proceeded ex parte, court notice was again issued to all the Defendants. The Defendant Shri Vijay Kumar Gupta appeared in pursuance to the court notice and as aforesaid, got himself deleted. The present Defendants, i.e., Shri Krishan Gupta, Shri Ashok Jain and Total Gas Private Limited failed to appear in spite of court notice and were again proceeded ex parte on 11th May, 2007 and the Plaintiff was ordered to lead ex parte evidence. The Defendants remain ex parte.