MATHEW Vs. ROYAL COFFEE WORKS

JUDGEMENT

(1.) This is an appeal preferred by the defendants in OS 12/94 against the order in IA.1413/94 dated 21-9-1995, on the files of District Court, Kottayam. The interim application is to restrain the respondents, their agents, servants, dealers of anyone from passing off or allowing or enabling others to pass or their goods or business as the goods or business of the petitioners by manufacture, sale or publicity of the respondents business using one or combination with any other trade name, the words 'Royal Coffee' or 'Royal Tea' or any other words or trade name which is in any way identical with or deceptively similar to the petitioner's trade mark 'Royal Coffee' and 'Royal Tea' pending final disposal of the suit. The court below granted injunction in favour of the plaintiffs. When the matter came up for admission, the plaintiffs who had filed caveat in the proceedings raised a preliminary objection and contended that this appeal should be heard by a learned single Judge of this Court by virtue of S.3(13)(b)of the Kerala High Court Act, 1958 as amended by Act 6 of 1966. The counsel for the respondents contended that, in the suit the valuation for the purpose of court fee is Rs.1,01,000/- and the relief of injunction is valued as Rs.1,000/-Therefore, it is contended that, the impugned order being passed in an injunction application, the jurisdictional value is less than Rs. 1,00,000/- for the purpose of injunction, and hence, it is to be heard by a learned single Judge. Powers of Single Judge are stated in S.3 of the Act and the relevant portion of S.3(13)(b) reads as follows:-