A K ENTERPRISES AGRA Vs. STERLING MACHINE TOLLS

JUDGEMENT

(1.) Under Section 105 of the Trade and Merchandise Marks Act, 1958 [hereinafter referred to as "Act"). It has been provided that no suit for infringement of a registered trade mark, or relating to any right in a registered trade mark or for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiffs' trade mark whether registered or unregistered, shall be instituted in any Court inferior to a District Court having jurisdiction to try the suit.

(2.) In this revision, a short question is involved as to whether the Court of Additional District Judge can try and decide the suit instituted in the Court of District Judge and later on transferred to it for trial and decision and whether the Court of Additional District Judge is an inferior Court to a District Court. The "District Court" has been defined in clause (e) of sub-section (1) of Section 2 of the Act. According to which, "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1908.

(3.) I have heard Sri R. K. Jain, learned Senior Advocate assisted by Sri Madho Jain for the revisionist applicant and Sri R. P. Goel. learned Senior Advocate assisted by Sri Manish Goel for the opposite parties at quite length.