MANGLORE GANESH BEEDI WORKS Vs. DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) - This petition was heard on 4.10.2004, 5.11.2004, 20.12.2004 and on 21.12.2004. A mention was made by Sri A.K. Singh, Advocate that Sri Prabhat Agarwal, counsel for the respondents has instructed him to inform the Court that he cannot come to the Court as he has met with an accident and that he has no instructions in the case. The case may be decided on the basis of his arguments advanced earlier.

(2.) THE petitioner is a partnership firm registered under the Indian Partnership Act, 1932. It carries on the business of manufacture and sale of bidis. THE petitioner-firm was established in or near about 1932. Since then it has been using a trademark upon the labels on its biris, comprising of a picture of 'Lord Ganesh' ; the name and the expression 'Manglore Ganesh Beedi' and the numerical 501.

(3.) IT is claimed that the petitioner has been selling its product under the aforesaid trademark which have acquired reputation and popularity amongst trade and public. IT is said that its sale had exceeded Rs. 100 crores per annum in the last five years before filing of the suit. IT is further claimed that about one lakh bidi workers were engaged at that time in the manufacture of bidis sold by the petitioner and thousands of employees were directly or indirectly connected with sale, transportation, distribution and such other jobs related to its business of sale of bidis under the said trade mark.