KOHINOOR INDIA PRIVATE LIMITED Vs. MAHAJAN TYRE COMPANY

JUDGEMENT

(1.) Mr. M.S. Attwal, Advocate has filed Power of Attorney on behalf of respondent. CM-13542-CI-2017:

(2.) Application has been filed under Order 23, Rule 3 read with section 151 CPC for decreeing the appeal in favour of the appellants, on the basis of compromise. It has been pleaded that the appellant-plaintiff had instituted a civil suit and vide judgment dated 29.02.2016, the Additional District Judge, Jalandhar partly allowed and decreed the suit to the extent that the respondent-defendant shall not use his trade mark Dhamaal like the trade mark of the appellant-plaintiff namely Dhamaka. Further restrictions have also been put to the respondent-defendant that he shall not use similar colour pouch as being used by the plaintiff but the respondent-defendant can use trade mark in different style from the company of the appellant-plaintiff in different colour pouch.

(3.) It is pertinent to notice that suit of the defendant had been dismissed. The effective portion of the judgment reads as under: