KIRAN GUPTA Vs. PIZZA HUT INTERNATIONAL LLE

JUDGEMENT

(1.) BY impugned order XIIth A. D. J. , Indore in his M. J. C. No. 19/1999 (Pizza Hut International LLe v. Rakesh Sariya and Anr.) has ordered that appellant be put to civil jail for one month and the restaurant run by her in name and Logo "pizza Ghar" be attached under Order XXXIX Rule 2-A of the Code of Civil Procedure (Code for short) for disobedience or breach of an ad-interim injunction granted by the District Judge, Indore in Civil Suit No. 1-A/1999 (Pizza Hut and 2 Ors. v. Kakesh Sariya and Ors.) on 22/03/1999 vide Annexure P/2, later confirmed by XIIth A. D. J. , Indore on 22/09/1999 vide Annexure P/3 whereby Smt. Kiran Gupta (the appellant) and Mr. Rakesh Sariya (R-4) were restrained to use trade name and logo of "pizza Hut".

(2.) THE respondent Nos. 1, 2, 3 had filed a civil suit for permanent injunction and accounts. They had claimed that they are registered proprietors of trade name "pizza Hut" and its logo. They claimed themselves to be an International Corporation having their business in different countries under the trade name and logo of "pizza Hut". They claimed that some persons including Mr. Rakesh Sariya (R-4) had started a business in the name of Pizza Hut India Pvt. Ltd. There had been a long drawn litigation between respondent Nos. 1 to 3 and the persons having business name of Pizza Hut India Pvt. Ltd. which had ended in favour of respondent Nos. 1 to 3 on compromise and respondent Nos. 1, 2, 3 were admitted to be the full proprietors of the trade name "pizza Hut" and its logo. Appellant had started working under the trade name and logo of "pizza Hut", as a franchisee of Pizza Hut India Pvt. Ltd. which was acquired by her after paying Rs. 61,000/- as a license fee. Respondent Nos. 1 to 3 had obtained an ad-interim injunction which was later confirmed by the Court.

(3.) NOTICE of ad-interim injunction alongwith copy of order was served on the appellant on 23/03/1999. Despite such notice appellant continued to use the trade name and logo of "pizza Hut". When these respondents Nos. 1 to 3 drew attention of the trial Court of such violation of the ad-interim injunction, the advocate of the appellant undertook and assured the Court that necessary steps would be taken to comply with the order by change of name in stationery and sign boards etc. However, the appellant adopted the name "pizza Ghar" which is nothing but a linguistic Hindi equivalent of trade name "pizza Hut" and continued her business in deceptively similar trade name and logo.