MOHAMMAD MINHAJUDDIN Vs. AHMED KHAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal on behalf of the plaintiff is directed against the order dated 31-3-1959 of the First Additional Judge, City Civil Court, vacating the ad interim injunction restraining the respondent from issuing and passing off his goods wider the name of Ruh-e-Tilismat.

(2.) The judgment in this appeal has been reserved on the assurance of the advocates that the parties would reach a compromise to their mutual satisfaction. It now appears that contestants desire to have the dispute between them settled by a decree of the Court. The short question to be decided is whether the Court below was justified in vacating the interlocutory injunction given in favour of the appellant.

(3.) The appellant is the plaintiff. He is admittedly the owner of a trade mark registered under the Trade Marks Act (V of 1940) under which he sells a medicinal preparation named as Zinda Tilismat. The respondent also prepares and puts in the market medicinal preparations under the caption of Ruh-e-tilismat. The complaint on the part of the appellant was that the respondent had infringed his trade mark by adopting a design similar to that of the appellant and was passing off his goods to the detriment of the appellant. He, therefore, prayed for a perpetual injunction, damages and other ancillary reliefs. On practically the same allegation he filed an application supported by an affidavit for an ad interim injunction to restrain the respondent from passing off his goods in the market or selling them by corner means under a label and design similar to that of the appellants design, colour and get up. He also prayed that covers, wrappers, labels and chits may be attached. The learned Additional First Judge on 28-2-1955 issued the injunction and ordered attachment as prayed for.