INDO BRINE INDUSTRIES LIMITED Vs. RAM NIWAS

JUDGEMENT

(1.) THESE are two applications under Section 50 of the Copyright Act, 1957 for expunction of registration numbers A -75927/2006 and 80700/2007. Hearing in the matter was held at New Delhi on 23.2.2010. Learned Counsel for the Petitioner and the Respondent in both the cases argued and were directed to send the written arguments within a fortnight from 23.2.2010. Written submissions were sent by the learned Counsel for the Petitioner as per his letter dated 13.3.2010. No written submissions have been received from the Respondent as on date. Matter was listed for orders on 29.4.2010. Accordingly, it was decided to proceed in the matter based upon the papers available as on the date.

(2.) PETITIONER (common in both the petitions) claims to be in the business of manufacturing, stocking, selling and marketing iodized salt for human consumption since 1998. Petitioner claims to be using trade mark DANDI SALT in English as well as DANDI NAMAK in Hindi since June, 1998. Petitioner claims to have been selling the product through Kunvar Ajay Foods Pvt Ltd. Sale figures for the years 2001 -02, 2002 -03 and 2003 -04 through said company have been mentioned as Rs. 51,96,000, 2,94,67,519 and 27,00,585 respectively. In continuation of the first common petitions and the affidavits thereto dated 25.11.2008, Petitioner filed additional affidavits. These affidavits relate to the information supported by documents gathered by the Petitioner from the Registrar of Companies. It indicates that Shri Suresh Agarwal and Smt Anju Agarwal who were the partners of M/s Kunvar Ajay Group marketing and selling under the trade mark DANDI SALT/DANDI NAMAK were also the Directors of Kunvar Ajay Foods Pvt Ltd. They also formed the company under the name and style of Dandi Salt Pvt Ltd though no business was made out by the said company. Whereas, the Respondent herein Shri Ram Nivas Hukamchand Gupta in registration number A -75927/2006 specifically contended in the suit before the District Judge at Surat that Shri Suresh Agarwal and Smt. Anju Agarwal were retired/removed from Dandi Salt Private Limited and Shri Ramnivwas Hukamchand Gupta was inducted as director in the said company and the said company is doing the business of sale under the mark DANDI SALE since 2000. Petitioner has taken copies of the notices given for AGM of the company for the years 2001 -02, 2002 -03, 2003 -04, 2004 -05, 2005 -06 where in the annual report of the company it has been shown that the company has not performed during the period under review.

(3.) RESPONDENT (both No. 1 and No. 2) in matter of registration number A -75927/2006 have filed combined written statements. Respondent claims to have started as Kunwar Ajay Group and the Respondent No. 2 was incorporated in 2000. In between Respondent No. 2 suffered economic losses and thus became the instrumentality and legally owned body of Respondent No. 1. Petitioner is one of companies who have been job working for sale for Respondent group. Respondent No. 1 is a very good designer/artist and has designed/created artistic works for many friends.