UNJHA FORMULATIONS LIMITED Vs. UNJHA PHARMACY

JUDGEMENT

(1.) Admit. Mr. S. B. Vakil, Mr. Ashwin L. Shah and Mr. Jayant Patel waive service on behalf of the respective respondent in these two appeals. At the request of the learned Advocates these appeals are taken up for final hearing.

(2.) Unjha Formulations Limited (hereinafter referred to as "the Appellant") has filed these two Appeals From Order under Section 104 read with Order 43, Rule 1(r) of the Code of Civil Procedure against the judgment and order dated 21st March, 1996 passed by the learned Chamber Judge, City Civil Court, Ahmedabad, allowing the Notice of Motion, Exs. 5 and 6 in Civil Suits Nos. 1062 and 1063 of 1996 filed by the Unjha Pharmacy, a partnership firm and Unjha Pharmacy Pvt. Ltd. - the respondents herein granting common relief as prayed for in both the Notice of Motion restraining the appellant-Company from proceeding further with the Public Issue in the name of Unjha Formulations Limited till the hearing of the suits.

(3.) Perusing the plaints, except the change in the name of the plaintiff one filed by a firm and another filed by a Private Limited Company the averments are practically the same. To summarise the case of the respondent-plaintiffs in nutshell, respondent- Unjha Pharmacy was established in the year 1884 and has been carrying on business of manufacturing various medicines and medical formulations of all kinds at Unjha (N.G.). Its products have acquired high good-will and reputation in the market and they are in great demand. It has a large turnover of business and profits and that the word "Unjha" has acquired a distinct meaning in any Ayurvedic medicines or other products sold in the market and the brand name "Unjha" is taken as the product manufactured by Unjha Pharmacy. Thus, according to the respondent, it has acquired a special and significant meaning amongst all consumers of its products and such consumers purchase such products only on account of the word "Unjha" in the name of the said respondent-Unjha Pharmacy. It is alleged that the appellant-defendant has been registered with the Registrar of Companies in using the word "Unjha" in its name on or about 2-9-94 for the purpose of manufacturing the products which are being manufactured by the respondents for the last many decades. It is also alleged that the name of the appellant "Unjha Formulations Limited" closely resembles the name of the respondents and would mislead the consumers in believing that the appellant's product are manufactured by the respondents or a sister concern of the respondents. It is further averred by the respondent- plaintiffs that by announcing a Public Issue by the appellant, the public is misled to believe that the appellant-Company is promoted by the respondent-plaintiffs or is a sister concern of the respondent-plaintiffs or is otherwise connected with the respondent-plaintiffs and, therefore, the appellant is not entitled to make use of the word "Unjha" in its name. Accordingly the respondent-plaintiffs had given notices dated 19-2-96 and 22-2-96 to the appellant to change its name so as to exclude the word "Unjha" from its name. The respondent- plaintiffs, therefore, have filed the aforesaid suits and prayed lor the following reliefs: