GAJRA GEARS LIMITED Vs. GARHA GEARS LIMITED

JUDGEMENT

(1.) THIS is a motion in a passing off action. The plaintiff seeks to restrain the defendant from using, offering for sale and/or exposing for sale any goods bearing the words "garha" and/or "garha Gears or colourable imitation thereof or any deceptively similar words without the licence and/or consent of the plaintiff and also from passing off its goods as those of the plaintiff by the use of the words "garha", "garha Gears" and/or any other similar words in its corporate name.

(2.) BOTH the plaintiff and the defendant are public limited companies duly incorporated and registered under the provisions of the Companies Act, 1956. The plaintiff is a manufacturer of Automobile, Diesel Engine, Tractor and Industrial Gears and other allied goods.

(3.) BRIEFLY stated, the plaintiffs case is as under :