RASIKLAL MANIKCHAND DHARIWAL Vs. KISHORE WASHWANI

JUDGEMENT

(1.) The present chamber summons has been taken out by the plaintiff under Order 6, Rule 17 of the Civil Procedure Code for carrying out amendment to the plaint.

(2.) Some of the material facts in the present case briefly stated are as under:

(3.) Originally a suit was filed by the plaintiff against Mr. Kishore washwani in his capacity as the proprietor of a business known as Messrs M. S. S. Food Products. The said suit was filed for the purpose of perpetual order and injunction restraining the defendant from passing off or selling or attempting to sell or offering for sale or from distributing or attempting to distribute or dealing in or attempiing to deal in Supari Mix or goods of similar description bearing mark "malikchand" or any mark or label identical with and/or deceptively similar to the plaintiffs' Trade Mark "manikchand". Further reliefs are sought of accounts and/or other consequential and incidental reliefs. The said suit came to be filed on 3-2-2004 and an ex-parte application was moved for interim orders being Notice of Motion No. 606 of 2004. However, during the pendency of the suit, the plaintiffs were informed that the trade mark "malikchand" has been assigned by the defendant in favour of his nephew Mr. Nitesh Ashok Wadhwani of Messrs M. S. S. Food Products. The plaintiffs thereafter withdrew the said notice of motion with liberty to take out fresh proceedings.