TIRUPATI INDUSTRIES Vs. TIRUPATI INDUSTRIES

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this appeal the defendant-appellant has challenged the order dated 24th March, 2011 passed by the Additional District Judge No. 5, Jaipur Metropolitan, Jaipur in Civil Misc. injunction application No. 9/2011 filed in Civil Suit No.22/2011 whereby the defendant appellant has been restrained from using the Trade Mark "M/s. Shri Tirupati Industries" partly or fully or connected name for sale of lentils and grains itself or through its agents.

(3.) Briefly stated the facts of the case are that the plaintiff respondent has filed a civil suit with the averments that he is running his business of grains and lentils in the name and title of M/s. Tirupati Industries in V.K.I. Area, Jaipur for so many years and this firm was registered on 7th July, 1987 with the Commercial Taxes Department. It was further averrd that M/s. Tirupati Industries is a big name in the production and sale and purchase of grains and lentils but the defendant appellant has started the same business in the name and title of M/s. Shri Tirupati Industries in Chandpole Grain Mandi, Jaipur one year before filing of the civil suit and, therefore, the defendant is taking illegal advantage of credibility of his firm by using same name. Along with the suit the plaintiff respondent also filed an application for grant of temporary injunction.