MANASH RANJAN CHAKRAVARTY Vs. TROPICAL ACCUMULATORS LTD

JUDGEMENT

(1.) The plaintiff respondent Company brought a suit in the 4th Court of the Subordinate Judge at Alipore for a declaration that the Trade Mark "Sakti" is being used and exploited by the plaintiff ever since 1936 and is not liable to be sold in execution of a certain decree which has been passed against the pro forma defendant Madhusudhan Majumdar at least till the disposal of the application by the plaintiff before the Registrar of Trade Marks for registration as a user and for certain other reliefs.

(2.) Manash Chakravarty, defendant No. 1 appellant before this Court raised various defences as regards the merits of the case and. in addition, the jurisdiction of the court to entertain the suit in the present form was also questioned. Defence was also filed on behalf of the other contesting defendants.

(3.) Various issues were raised including one Which was in the following terms: "Has the Court jurisdiction to try the suit?"