ITC LIMITED Vs. MAURYA HOTEL (MADRA) PVT. LTD.

JUDGEMENT

(1.) The plaintiff in the above suit, a passing off action under common law, has come up with this application seeking amendment of the plaint, which was filed for an injunction restraining the defendant from using the name Hotel Maurya International or in any manner passing off its service as that of the plaintiff, for a preliminary decree for accounting and for costs.

(2.) The plaintiff claims that it is running star rated hotels using the name "Maurya" in various cities in India. It has also tied up with Sheraton Group of Hotels which is a well known International brand of luxury hotels. Claiming that the defendant has named its hotel as Hotel Maurya International only with a view to pass off it as a unit of the plaintiff by practising deception.

(3.) The suit is being resisted by the defendant raising various contentions.