AMBADAS VITTAL GAJUL Vs. S R BOOTLA

JUDGEMENT

(1.) These two civil miscellaneous appeals are between the same parties and relate to the same subject-matter. Hence, they are disposed of through a common judgment.

(2.) The appellant and the respondent in both the appeals are manufacturers and traders in textiles. Both of them deal in "dyed casement" cloth, which is used mostly for making undergarments. They have their place of business at Sircilla, Karimnagar district.

(3.) The appellant filed O.S. No.8 of 2002 in the Court of the III Additional District Judge, Karimnagar against the respondent for the relief of permanent injunction, restraining him from using the trade marks, under which he is said to have been carrying on the business, and for awarding of damages quantified at Rs.1,50,000/- for the loss of profit on account of the acts of passing off. The appellant pleaded that his is a reputed proprietary concern, undertaking manufacture and business of dyed long cloth, casement, poplin etc., and that ever since 1986, he has been selling the cloth with a trade mark, having a semi circular inscription, 'Ambadas Vithal Gajul, Venkampet' at the top, head of a ram in the middle of the star in between and 'Ambadas Bharani' at the bottom. He also narrated that he has taken steps to get the trade mark registered and even while the same is in process, the respondent had devised almost a replica of the trade mark and he is passing off the goods. He also filed LA. No.937 of 2002 under Order XXXIX, Rule 1 C.P.C. for grant of temporary injunction against the respondent from selling or offering to sell the goods with the trademark referred to above.