REGENCY INDUSTRIES LIMITED Vs. KEDAR BUILDERS

JUDGEMENT

(1.) The plaintiff has filed the suit for permanent injunction, seeking to restrain the defendant, their servants, agents, representatives, dealers and all other persons from dealing in real estate and construction business or any other business under the name REGENCY Estate, or any other name identical or deceptively similar to the plaintiff's . name/mark REGENCY- The plaintiff has moved the interim application bearing I.A. No. 5570 of 1989, in this matter, and by this order, I propose to deal with the said interim application.

(2.) The plaintiff asserts that Regency Industries Ltd. is the current name of the plaintiff, and that initially the plaintiff was incorporated on 9-7-1984 under the name and style M/s. Regency Apartments India (P) Ltd., and thereafter changed its corporate name to M/s. Regency properties Ltd. in the year 1985, and once again changed its name to the present name M/s. Regency Industries Ltd. in the year 1987. The plaintiff asserts that it is carrying on. since 1984, the business of real estate and construction business, as also other business activities. It is asserted in para 5 of the plaint that a number of commercial/residential complexes and Farm Houses have been built up by the plaintiff under the name REGENCY, which are as under :

(3.) The plaintiff, therefore, asserts that in view of the aforesaid activities of the plaintiff, the name REGENCY, or mark REGENCY which has been adopted bonafide and honestly by the plaintiff in the year 1984 with respect to real estate and construction business, has been continuously and uninterruptedly in use by the plaintiff without any hindrance from any corner.