IMA-PG INDIA PVT LTD Vs. ACCUPACK

JUDGEMENT

(1.) Plaintiff is seeking a perpetual order and injunction to restrain defendants from in any manner using the name of plaintiff in relation to any machine parts and change parts in particular machine parts and change parts of Cold Forming Machine TR 100 so as to enable defendants to pass off defendants goods or permitting any other persons to pass off defendants' goods as goods of plaintiff without plaintiff's permission and in particular relating to Cold Forming Machine TR 100. Plaintiff has also sought an order and decree to direct defendants to render true and faithful account of all the profits earned by them using plaintiff's name and/or technology and to pay over those amounts to plaintiff. Plaintiff has also sought an order and decree that defendants should deliver to plaintiff for destruction all designs, and drawings etc; for manufacturing of machine parts and changes parts of Blister Packaging Machine and Cold Forming Machine TR 100 removed by defendants from plaintiff's premises.

(2.) During the course of submissions, Ms Nichani appearing for plaintiff stated that plaintiff is only pressing for prayer clause (a), i.e., a perpetual order and injunction to restrain defendants from passing off defendants products particularly the Cold Forming Machine TR 100 as plaintiff's products.

(3.) At the outset, I have to note that in the entire plaint, there is no cause of action disclosed against defendant no.4. I do not also see any specific cause of action disclosed against defendant no.1, but Ms Nichani submitted that defendant no.1 became liable as defendant nos.2 and 3 are partners of defendant no.1 I do not find any such averment in the plaint.