R P LOCKS CO Vs. SEHGAL LOCKS COMPANY

JUDGEMENT

(1.) This order will dispose of the application under Order 39 rules I and 2 filed by the plantiff where the prayer is for the grant of a temporary injunction pending disposal of the suit.

(2.) . The plantiff is admittedly the owner of the registered trade mark HARRISON. This trade mark is used in respect of locks manufactured by the plaintiff. The registration was .granted to the plaintiff on 27th April, 1960. The case of the plaintiff is that it has a large turn over and the defendants have now started manufacturing and selling locks under the trade name and style of HARTCON. This, according to the plaintiff, amounts to infringement of the plaintiff's trade mark.

(3.) . Alongwith the suit. an application under Order 39 rules I and 2 was also Sled for the grant of interim injunction and an ex parte iniunction was granted on 27th November, 1987. An application was also filed under Order 26 pursuant to which a Local Commissioner was appointed who took possession of the locks/padlocks bearing the name HARTCON and the said locks have now been handed over by the Local Commissioner to the plaintiff on Superdari.