WIMCO LIMITED Vs. LIBERTY MATCH CO

JUDGEMENT

(1.) The appellant (Original Plaintiff) Wimco Limited is a Public Limited Company incorporated and registered under the Indian Companies Act having its Registered Office at Indian Mercantile Chambers Ramjibhai Kamani Marg Bombay-38. It is carrying on the business of manufacturing match boxes since last 65 years. It manufactures match boxes under the names `Kapas and Home Lites. It is having its factories at different places in India.

(2.) Defendent No. 1 Liberty Match Company is a Registered Partnership firm having its registered office at Kovil Patti in Tamil Nadu. It is also manufacturing match boxes since last two years under the trade name of`Chemeli and `Flying Horse. Defendant No. 2 is also a partnership firm and it is working as Distributor and/or Stockist of defendant No. 1 in the City of Ahmedabad and nearby markets. Defendant No. 5 is also a partnership firm of which defendants Nos. 3 and 4 are the partners. Defendant No. 5 is also appointed as Distributor and/or Stockist of defendant No. 1 for the City of Ahmedabad. So also the defendants Nos. 6 and 7 are the Distributors and/or Stockist of defendant No. 1.

(3.) The plaintiff is aggrieved by a scheme launched by defendant No. 1 which is attracting a number of wholesalers retailers and consumers to purchase its product namely `Chemeli brand match boxes. In plaintiffs submission the scheme is in the nature of a lottery scheme. I shall outline the lottery scheme hereunder.