MOHAN LAL RAMPRASAD Vs. LAL MOHAMMAD

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. (First) Appeal No. 146 of 1960 (Firm Lal Mohammad, a registered firm through partners v. M/S Mohanlal Harprasad a registered firm through partners).

(2.) THE present appeal is by the Plaintiff against the order, dated, 9 -8 -1960, passed by Shri S.M. Pagnis, Distiict Judge, Hoshanga bad in Civil Suit No. 7 -A of 1959, granting a temporary Injunction to the Plaintiff under Order 39, Rule 2 of the Code of Civil Procedure on certain terms. The Plaintiff in the present appeal questions the imposition of the terms. The term imposed was that the Plaintiff should undertake and bind itself in writing that in case it fails in the suit, it will pay to the Defendant for each of the two labels E and G, one -twelth of the total net profits earned by it in its bidi business during the continuance of this injuncrion and for this purpose, the Plaintiff was directed to keep regular, complete and correct accounts of its business.

(3.) THE Plaintiff -Appellant has a registered trade mark, which is marked as Exh. A and Exh.B. in the documents filed by the Plaintiff. The wrapping covers are kept in a separate envelope. The Plaintiff's trade mark consists of oblong square with with the background of green colour. At the top is printed the name of the Plaintiff firm, namely, Mohanlal Harprasad and Company, Sihora(sic) Road. At the bottom the same thing is printed in Hindi. In the middle there is a circle within which is panted the picture of a cow in saffron colour with a green background showing the earth, and white and blue background showing the sky. On the lour corners of the circle are printed the words in English and Hindi Bidi No. 7. On the left of the circle are printed words 'G. Jabalpur' while on the right are printed Urdu words. Wrapper of the Bidis is a plain white Jhilli paper at d(sic) on it is stuck up an oblong piece of paper with white, blue and red colour showing the name of the founder, namely, Lalcband Agrawal and the name of the firm, namely, Mohanlal Harprasad, Sihora Road, District Jabalpur.