DOLAT INDUSTRIES Vs. KRISHNA OIL INDUSTRIES

JUDGEMENT

(1.) This application is filed for the review or the modification of the order passed by this Court in Appeal From Order No.436/2000 on 19.7.2001.

(2.) Facts goes to show that the present applicant filed Regular Civil Suit No.1/2000 in the Court of District Judge at Jamnagar stating that the plaintiff is a partnership firm engaged in the business of manufacturing and selling edible oil and their brand name or trade mark is "EKKA". The description of the trade mark is also described in detail by the plaintiff. The grievance was made that the defendant by adopting the similar trade name and trade mark of "TIN EKKA" passes off their goods as the goods of the plaintiff and were liable to the action under common law and for that suit came to be filed for restraining the defendant from using the trade mark label "TIN EKKA" with the device which is being used by the defendant and for the damages caused to the plaintiff by passing of the goods. The plaintiff also filed temporary injunction application at Ex.5 under Order-39 Rules 1 and 2 for the temporary injunction restraining defendants from using brand name or trade mark "TIN EKKA". The said application came to be rejected by the trial Judge, therefore, being aggrieved the said Appeal From Order No.436/2000 was preferred by the original plaintiff.

(3.) In that appeal both the sides were at length heard and the following order was passed.