ANAND KUMAR DEEPAK KUMAR Vs. HALDIRAM BHUJIA WALA

JUDGEMENT

(1.) Plaintiff No. 1, M/s. Anand Kumar Pradeep Kumar, a partnership firm constituted by Shiv Rattan Aggarwal, Manmohan Lal Aggarwal and Madhu Sudan Aggarwal and plaintiff No. 2 Shiv Kishan Aggarwal all sons of Late Mool Chand have filed a suit for permanent injunction against the defendants alleging that they are the registered proprietors of the trade mark and continuous user through their ancestors since 1941 of the trade mark name and trademark "HALDIRAM BHUJIAWALA". They had started a shop at 1454, Chandni Chowk, Delhi and doing business there since 1983 using the said trademark. The defendants intended to start a new shop to carry on similar business under the same tradename and with the same trademark at Karol Bagh, New Delhi. They sought an injunction. The suit was initially filed in the Court of the District Judge, Delhi on 10.12.1991. However, subsequently, the plaintiffs amended the plaint incorporating claim for recovery of damages of Rs. 6.00 lakhs which exceeded the pecuniary jurisdiction of that Court and the plaint was retumed under Order 7, Rule 10A of the Code of Civil Procedure (for short the Code). The suit was presented in this Court on 17.2.1992.

(2.) Briefly the case of the plaintiffs is that late Shri Ganga Bishan who was also known as Haldiram Bhujiawala, had been doing his business of manufacture and sale of salted preparations like Bhujia, papads ands weets etc. since his childhood since before 1941 under the name and style of "Chand Mal Ganga Bishan" and "HALDIRAM BHUJIAWALA" initially in Bikaner and later on also started in Calcutta he formed a partnership firm in the year 1965 under the name and style of M/s. Chand Mal Ganga Bishan with four partners: (1) Ganga Bishan (himself), (2) Mool Chand (his son), (3) Shiv Kishan (son of Mool Chand) and (4) Smt. Kamla Devi, w/o Shri Rameshwar Lal (his daughter-in-law). The said firm had adopted the trademark of "HALDIRAM BHUJIAWALA".

(3.) On 29.12.1972, the said four partners applied to the Registrar of Trademarks for the registration of the said trademark in Class 30. The trademark was advertised in Trademark journal and in due course was registered as No. 285062 (on 27.1.1981) as on 29.12.1972 in respect of sale of Bhujia, papad fried, namkeen, saltish dal etc. in class 30 in Part A in India except the State of West Bengal in the names of the aforesaid follow ing four partners of the firm, namely: