REGENT COMPUTRONICS PVT. LTD.

ITC LTD. Appellant

V/S

PHURBA LAMA Respondents

Referred Judgements :-

DERRY V. PEEK [REFERRED TO]
ERVEN WARNINK B.V. V. J.TOWNED AND SONS (HULL) LTD [REFERRED TO]
BISHUNDEO NARAIN VS. SEOGENI RAI [REFERRED TO]
L JANAKIRAMA IYER S R KOOTHANANIAR PILLAI IN C A NO 77 OF 59 VS. P M NILAKANTA IYER:P M NILAKANTA IYER [REFERRED TO]
MANOHAR LAL CHOPRA VS. RAI BAHADUR RAO RAJA SETH HIRALAL [REFERRED TO]
VEMAREDDI RAMARAGHAVA REDDY VS. KONDURU SESHU REDDY [REFERRED TO]
STATE OF ORISSA VS. SUDHANSU SEKHAR MISRA [REFERRED TO]
DHULABHAI VS. STATE OF MADHYA PRADESH [REFERRED TO]
SWARAN LATA GHOSH VS. H K BANERJEE [REFERRED TO]
F HOFFMANN LA ROCHE AND COMPANY LIMITED VS. GEOFFREY MANNER AND CO PRIVATE LIMITED [REFERRED TO]
RUSTON AND HORNSBY LIMITED VS. ZAMINDARA ENGINEERING CO [REFERRED TO]
RAJA JAGDISH PRATAP SAHI VS. STATE OF UTTAR PRADESH [REFERRED TO]
SUPREME GENERAL FILMS EXCHANGE LIMITED SUPREME GENERAL FILMS EXCHANGE LIMITED VS. HIS HIGHNESS MAHARAJA SIR BRIJNATH SINGHJI DEO OF MAIHAR:HER HIGHNESS TEJ SURYAWANSHIJI [REFERRED TO]
PREMIER AUTOMOBILES LIMITED AUTOMATIC ELECTRIC PVT LIMITED VS. KAMLEKAR SHANTARAM WADKE OF BOMBAY :ENGINEERING MAZDOOR SABHA [REFERRED TO]
T ARIVANDANDAM VS. T V SATYAPAL [REFERRED TO]
FERTILIZER CORPORATION KAMGAR UNION REGD SINDRI VS. UNION OF INDIA [REFERRED TO]
S P GUPTA V M TARKUNDE J L KALRA IQBAL M CHAGLA MISS LILY THOMAS A RAJAPPA UNION OF INDIA D N PANDEY R PRASAD SINHA VS. UNION OF INDIA [REFERRED TO]
D S NAKARA VS. UNION OF INDIA [REFERRED TO]
ABDULLA BIN ALI VS. GALAPPA [REFERRED TO]
AMERICAN HOME PRODUCTS CORPORATION VS. MAC LABORATORIES PRIVATE LIMITED AND ANOTHLER [REFERRED TO]
RAJA RAM KUMAR BHARGAVA DEAD VS. UNION OF INDIA [REFERRED TO]
DYER MEAKIN BREWERIES LTD VS. SCOTCH WHISKY ASSOCIATION EDI NBURGH SCOTLAND [REFERRED TO]
P M DIESELS PRIVATE LIMITED VS. THUKRAL MECHANICAL WORKS [REFERRED TO]
HARI RAM VS. BALAK RAM [REFERRED TO]
ARAVIND LABORATORIES VS. V A SAMY CHEMICAL WORKS [REFERRED TO]
ALL INDIA REPORTER LTD VS. RAMCHANDRA DHONDO DATAR [REFERRED TO]
CONSOLIDATED FOODS CORPORATION VS. BRANDON AND COMPANY PRIVATE LTD [REFERRED TO]
SHIB DEO MISRA VS. RAM PRASAD [REFERRED TO]
MOHAMMAD KHALIL KHAN VS. MAHBUB ALI MIAN [REFERRED TO]

JUDGEMENT

(1.) By this revision-petition, the petitioner, I.T.C. Ltd, a company registered under the Indian Companies Act, 1956, has challenged the order dated 27-5-1991 of Shri T. Dorjee, the learned District Judge, Sikkim, rejecting the petitioner's application in Civil Suit No. 2 of 1991, under O. VII, R. 11 of the Code of Civil Procedure, for rejecting the plaint on the grounds that the plaint does not disclose any cause of action and the suit is barred by law.

(2.) Suit No. 2 of 1991 from which this revision has arisen was filed by respondents Nos. 1 to 4 on 7-3-1991. Respondent No. 5, Druk investment Company, Private Ltd., is the first defendant and the petitioner-company (hereinafter referred as ITC) is the second defendant in the suit. The plaintiffs have claimed the following substantive reliefs :-

(3.) On 21-1-1991, three other persons had filed a similar suit (suit No. 1) for a declaration and perpetual injunction in substantially the same terms in which these reliefs mentioned as (a) and (b) above have been claimed in the present suit, against the same defendants. The plaintiffs have alleged that from a publication in the Times of India dated 12-2-1991, they came to know about the pendency of that suit in the Court of the District Judge, Sikkim challenging the user of the mark "W.D. and H.O. Wills" and/or "Wills" by ITC in respect of the cigarettes manufactured by it, on the basis that the user of the said mark has caused and is likely to cause deception and confusion, whereupon they got interested in the matter and contacted the plaintiffs and obtained copies of the pleadings of that suit and came to know that the plaintiffs had made the following allegations in that suit :-

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I T C LTD Vs. PHURBA LAMA

Referred Judgements :-

JUDGEMENT

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