PAWAN KUMAR ATMARAM SABOO Vs. SABOO COLLECTIONS

JUDGEMENT

(1.) HEARD finally at the stage of admission by the consent of the parties.

(2.) THESE two Appeals Against Order bearing nos. 27/01 and 28/01 are being disposed of by this common judgment since both of them are directed against the common order dated 23-10-2000 passed by the learned 5th Additional district Judge, Nagpur below applications (Exh. 5) for temporary injunction moved in Special Civil Suit Nos. 2/2000 and 3/ 2000, whereby the learned trial Judge rejected the said applications.

(3.) THE facts, in so far as, they are relevant for the disposal of these appeals are as under :-The appellant No. 1 is the sole proprietor of the firm named and styled as 'saboo Sons'. He is also one of the Directors of the appellant No,2 - 'saboo decopride', which is a private limited company registered under the Companies act, 1956. The appellants are engaged in the business of marketing, selling and providing bed sheets, bed covers, mattresses, etc. The appellant No. 1 "s father atmaram Saboo started the said business sometime in the year 1960 under the name and style as 'saboo Textiles', which is still continuing and is looked after by the appellant No. l's father. As the said business grew up and required more space and attention, the appellant no. 1 in the year 1987 started his independent business under the name and style as 'saboo Sons'. During the period from 1993 to 1997 the appellant No. 1 acquired the reputation and goodwill in the said business with huge sales and, therefore, he started one more shop under the name and style as 'saboo Decopride' which was afterwards converted into a private limited company of which the appellant No. 1 and his wife are the directors. The appellantno. 1 's other brothers also carry on their business under the names as 'saboo Fab', 'saboo Furnishings', 'saboo Textile Industries', etc. Thus, the entire business of the members of the appellant No. 1 's family is being run under the name beginning with a word 'saboo" which is the surname of the family. The business activities conducted by the appellants arc very extensive. The respondent (in A. A. O, No. 27/2001) was carrying on similar business under the name and style as 'mahesh Textiles' but in or about May. 1998 he suddenly changed the name and started the said business under the name and style as 'saboo Collections' in Itwari locality of Nagpur. Not only that but brahmanand Saboo, the cousin of appellant No. 1 has recently started another firm in Sadar locality of Nagpur dealing in same business under the name and style as 'saboo Collections' with dishonest and malafide intention of cashing in the goodwill and reputation acquired by the appellants. The appellants learnt about the same recently. In fact, it is the appellants, who have been advertising the name and putting all efforts, time, money, energy and skill to popularise their trade name 'saboo Sons'. The respondents adopted deceptively similar name and this act of respondents is in violation of appellants' vested legal right and is an action in passing off and hence the appellants were constrained to file Special civil Suit Nos. 2/2000 and 3/2000 against the respondents.