KALI AERATED WATER WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions involve for consideration identical issue on similar factual circumstances apart from concerning the same subject matter and learned counsel appearing on either side also made submissions in common. Hence dealt with together for consideration.

(2.) SO far as the Writ Petition in W.P. No. 8825 of 1994 is concerned, the factual claims and legal contentions raised in the affidavit filed in support thereof may be set out in some detail. The above Writ Petition has been filed for the issuance of a writ ofcertiorarified mandamusto call for and quash the noti - fication of the first respondent in No. 59/94 -C.E., dated 1 -3 -1994 particularly paragraph 4 thereof and consequently direct the respondents to grant exemption to the petitioner under Notification No. 175/86 -C.E. as amended to -day. The petitioner claims that he is carrying on business in the manufacture and sale of aerated waters and other non -alcoholic drinks, fruit juices falling under Chapter 22 of the Central Excise (Tariff) Act, 1983 since 1 -4 -1977 in the name and style of M/s. Kali Aerated Works at Virudhunagar Trading and Marketing the products manufactured in and around the entire district of Kamarajar District, part of Madurai District and part of Ramanathapuram District.

(3.) AS the volume of the business at the various branches and centres also increased, it is claimed that, the partners resolved to dissolve the Joint Family nature of it and make the various units themselves independent. Consequently, it is stated that the dissolution was effected on 31 -3 -1977 and on and from 1 -4 -1977 all the then existing branches at various centres were made independent with its own financial investment, machineries and other infrastructural facilities for carrying on such business. It is stated that thereafter all the members of the Joint Family became independent and continued the business in the same name M/s.Kali Aerated Water Workswith respective places in brackets viz., Kali Aerated Water Works (Virudhunagar) in order to distinguish them from one unit to another unit each one of such units with their factory earmarked and exclusively allotted a specific marketing area into which the other members shall have no right to market their products in view of the same and identical brand marks as well as the name for the drinks. Thus, it is claimed it has become intellectual property belonging solely to the members of the joint family. It is stated that in order to safeguard the trade marks and brand names the oldest member of the then joint family was given the authority in a representative capacity to file appropriate forms for registration of Trade Marks before the Trade Marks Registry and that since all the members of the joint family had a right to use the trade name and trade marks belonging to the joint family the other members of the joint family have been using the said trade marks in their respective and specified marketing areas without rivalry or competition among themselves. It is further stated that to avoid future confusion the members of the erstwhile joint family entered into a mutual agreement, dated 12 -3 -1993 under which the right to use the Trade name and Trade marks (once belonged to joint family) had been properly redefined and redeclared among themselves for removal of doubts and ambiguities and had them registered on 12 -3 -1993 (document No. 301/94 on the file of the District Registrar, Madras.)