ESSEL PACKAGING LIMITED Vs. ESSEL TEA EXPORTS LIMITED

JUDGEMENT

(1.) DEFENDANTS and their Advocate absent though served.

(2.) THE above suit has been filed for permanent injunction to restrain the defendants herein from using the word "essel" as part of the corporate name of the defendants---Essels Tea Exports Limited. The suit is for permanent injunction restraining the Defendants from using the word "essel" to pass off or enable others to pass off the goods and or business of the plaintiffs. The plaintiffs have applied for grant of injunction in terms of prayers (a) and (b) of the Notice of Motion which reads as follows:- (a) that pending the hearing and final disposal of the suit, the Defendants by themselves, their servants and agents or otherwise howsoever be restrained by a perpetual order and injunction of this Honourable Court from in any manner using the word ESSEL as part of their corporate name and/or trade name and/or trade mark in order to pass off or enable others to pass off their business or goods as and for those of the plaintiffs. "

(3.) BRIEFLY stated the facts of the dispute are as follows:---