ANIL FOOD INDUSTRIES Vs. ALKA FOOD INDUSTRIES

JUDGEMENT

(1.) This order will dispose of the application under Order 39, Rules 1 and 2 Civil Procedure Code filed by the plaintiff, and the application under Order 39, Rule 4 Civil Procedure Code filed by the defendant.

(2.) Briefly stated the facts are that the plaintiff had filed a suit alleging that it is the owner of the mark "Anil" and that the defendant is passing off its goods which are similar to those of the plaintiff and selling the same under the mark "Anil".

(3.) An ex parte injunction was issued restraining the defendant from using the mark "Anil". Written statement was filed by the defendant in which it was contended that there was originally a firm called National Industries of which Shri Pritam Dass was one of the partners. It is this firm which is alleged to have used the mark "Anil" for the first time, and the further allegation of the defendant is that the wrapper was also devised by this firm. It appears that this firm continued till 1977 when it was dissolved.