SINCHITA KANJILAL Vs. MOHINI MOHAN KANJILAL & ORS.

JUDGEMENT

(1.) The plaintiff jn aforesaid suit has brought this motion for temporary order of injunction, restraining the respondents and each of them or their agents, employees, servants, dealers from using the word 'ADI' with their trading name and style and/or with any publication and/or advertisement related to their business.

(2.) The suit is obviously for passing off by the defendants using the word 'ADI' adopted and coined by the plaintiff. Both the parties, for a long time, have been carrying on the same business of dealing in silk and cotton sarees and other silk products. Both the parties each other, they owe the same origin in the business of one gentleman. namely Mohini Mohan Kanjilal, who started the business in the early part of 20th century in the city of Calcutta now known as Kolkata, adopting his own name as a trade name and mark. The business obviously flourished, so, the said gentleman set up and opened various branches in the city of Calcutta. Two of the branches situate premises No. 81 and 79/2, Harrison Road (Now Mahatma Gandhi Road) Calcutta (now Kolkata) side by side. Both the businesses were being run under the name and style Mohini Mohan Kanjilal. The branch situates at 79/2, Mahatma Gandhi Road, during the life time of Mohini was looked after by his eldest son, who was the husband of the plaintiff to the exclusion of other sons. The business at 81 Mahatma Gandhi Road was being looked after by Mohini himself with the help of his other sons, who are the defendants in this suit.

(3.) Ultimately, in 1959, business at 81 Mahatma Gandhi Road was converted into a partnership firm making his sons excepting the eldest one, and himself as partners thereof. Ultimately Mohini gifted the business at 81 Mahatma Gandhi Road to one of his sons, Anil since deceased. However, such gift could not materialize, till 19th March, 1963, when tenancy of the said shop room was transferred in favour of deceased husband of the plaintiff. Thus, Anil became the sole proprietor of this business at the aforesaid address.