SAKTHI CERAMICS Vs. SUPREME CERAMICS

JUDGEMENT

(1.) The main question urged for a decision is whether the trial court, after remand of the case to it for a fresh decision, is vested with the power to allow withdrawal of the suit with liberty to file fresh suit in respect of the same subject matter

(2.) The respondent filed O.S. No.1 of 2001 in the Additional District, Thrissur for a decree for prohibitory injunction against the petitioners passing off their goods as if that of the respondents. The respondents claimed to have been engaged in the business of floor tiles and clay products, to have acquired Goodwill in that business and that while so, the petitioners started passing off their goods as if that of the respondents thereby affecting the Goodwill of the respondents resulting in damages to them. The respondents also prayed for a decree for mandatory injunction to direct the petitioners return the dies.

(3.) The petitioners raised various contentions disputing the claim of the respondents.