VIJAY INDUSTRIES Vs. VIJAY SOLVEX LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dated 23.01.2014, passed by the learned Addl. Sessions Judge, Dimapur, in Civil Suit No. 3/2013, whereby and where-under the learned court below returned the plaint to the plaintiff to file it in the court having jurisdiction over the matter.

(2.) Being aggrieved and dissatisfied with such order, the plaintiff ( the appellant in this appeal who would be referred to as plaintiff) has preferred this appeal citing several infirmities in the order, under challenge.

(3.) The facts necessary for disposal of the present proceeding, in brief , are that M/s Vijay Industries, a Partnership Firm, engaged in the business of manufacturing of all kinds of edible oil, oil cakes, Ghee, Milk products and allied goods (hereinafter referred to as the 'said goods') as well as in selling of said goods under the trademark " SCOOTER " . Such a firm filed Title Suit No. 03/2013 in the court of Addl. District Judge, alleging of infringement of trade-mark , infringement of copy right and also seeking injunction restraining the defendants therein from committing aforesaid illegal activities.