KAMDHENU DAIRY Vs. KAMDHENU ISPAT LIMITED

JUDGEMENT

(1.) The instant revision petition under section 115 of the Code of Civil Procedure has been filed by the petitioner/defendant No. 1 being aggrieved with the order dated 9.9.2011 passed by the Addl. District Judge (Fast Track), Court No. 8, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the learned trial court') in Civil Suit No. 15/2010 with the following prayer:-

(2.) Brief facts of the case of the petitioner-defendant No. 1 are that the petitioner/defendant No. 1 is the Company duly incorporated under the Companies Act, 1956 having its registered office at L-311, Street No. 7, Mahipalpur Extension, New Delhi-110037 and its corporate office at Building No. 9A, II Floor, DLF Cyber City, Phase III, Gurgaon, Haryana. The Board of Directors of petitioner-company, vide Resolution dated 4.2.2010, authorized one Shri Vipul Sharma, the Manager Legal of the petitioner-company to institute and defend all the legal proceedings of any nature whatsoever including the present one, which is inclusive of inter-alia to sign the Vakalatnama, sign and verify the pleadings, depose to all the facts of the case and to do all other actions necessary for the purpose of filing and pursuing the instant proceedings and so have been done by him. He is having locus to sustain and maintain the instant proceedings on behalf of the petitioner-company.

(3.) The plaintiff/respondent No. 1 filed the suit bearing No. 15/2010 before the trial court against the petitioner and sought relief of permanent injunction against the use of trademark 'Kamdhenu'. The respondent No. 1 also filed an application under Order 39, Rule 1 and 2 CPC seeking interim injunction. The respondent No. 1 filed the aforesaid suit on the basis of their alleged proprietary rights of the trade mark/trade name 'Kamdhenu' in relation to ghee, butter and edible oil since the year 1981. It is alleged in the plaint that the petitioner/defendant No. 1 has been engaged in the business of selling steel bars through respondent No. 2 in the city of Jaipur. The plaintiff/respondent No. 1 invoked the jurisdiction of the trial court on the basis of sections 134 and 135 of the Trade Marks Act, (hereinafter referred to as 'the Act of 1999) and section 20 CPC.