RATI TRADERS Vs. K P POUCHES PVT LTD

JUDGEMENT

(1.) BY the impugned order dated 14/11/2003 District Judge, Mandleshwar in his Civil Suit No. 15-A/2003 (M/s. K. P. Pouches Pvt. Ltd. v. M/s. Rati Traders) a passing of action had granted a temporary injunction against manufacture, sale, distribution and advertising etc. of gutkha or pan masala in name of "safal". The learned District Judge has further stayed the trial of the civil suit pending before it on application under Section 10 readwith Section 151 of the Code of Civil Procedure (Code for short) as a similar Suit No. 1-A/2003 for passing of action filed by the appellant had been pending in Agra Court.

(2.) TRADE mark "safal" is being used for their pan masala and gutkha by both the parties. This trade name is not registered trade name of either party. Trade name being identical is certainly confusing to the consumers of pan masala and gutkha who arc generally illiterates or semi-literates. Mainly, decision on three questions is pertinent for disposal of this appeal:

(3.) ADVOCATES of both the parties had vehemently agitated on these points before me in this appeal.