GRANDLAY ELECTRICALS INDIA LIMITED Vs. VIDYA BATRA

JUDGEMENT

(1.) These are two applications in Suit Nos. 1616/90 and 2461/96 for issue of an ad interim injunction restraining the defendants, their servants and agents from using the word "GRANDLAY" or "HENLAY" in connection with their business and goods. They have further prayed through the said applications that the defendants be restrained from using any trade mark deceptively similar or identical to the trade mark "GRANDLAY" and "GRANDLAY ELECTRICAL (INDIA)".

(2.) Brief facts which led to the presentation of the present applications are as under: that the plaintiff No. 1 (in Suit No. 2461/96) are a partnership firm duly registeredwiththeRegistrarofFirmssincetheyearl969. Plaintiff No. 1 was formed for the purpose of manufacturing wires and cables/electric cables and insulated wires of different sizes. The turnover of the plaintiff No. 1 for the year ending March, 1996 was more than Rs. 13 crores. It is hoped that the turnover of the plaintiff during the year 1996-97 would be near about Rs. 20 crores. The estimated budget for advertisement and publicity for the financial year 1996-97 is Rs. 15 lacs. The plaintiff enjoy a very good reputation for the quality of their products under the trade mark "GRANDLAY CABLES".

(3.) Plaintiff No. 2 prior to 5th December, 1985 was carrying on the business of manufacture of electric wires and cables along with S/Shri C.L. Batra, K.L. Batra, Anil Kumar Batra and Jhanda Ram Batra under the name and style of plaintiff No. 1. The trade mark "GRANDLAY CABLES" was registered with the Registrar of the Trade Marks under No. 214129 dated March 2, 1963. Shri Jhanda Ram Batra breathed his last on November 12, 1985. Disputes arose amongst the partners. Hence the matter was referred to an Arbitrator who rendered his consent award on December 5, 1985. By virtue of the said award the trade mark "GRANDLAY CABLES" fell to the shares of Shri K.L. Batra and plaintiff No. 2. Defendants have thus got no right and title to use the trade mark "GRANDLAY CABLES" as their trade mark. The said award was made a rule of the Court vide judgment and decree dated January 9,1986.