LAWS(GJH)-2005-5-29

BHAVESH MOHANLAL AMIN Vs. NIRMA CHEMICAL WORKS LTD

Decided On May 09, 2005
Bhavesh Mohanlal Amin Appellant
V/S
NIRMA CHEMICAL WORKS LTD Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 11.2.2000 passed by the City Civil Judge, ahmedabad, below Exh.5/6 in Notice of Motion in Civil Suit No. 1952/1999, whereby the defendants- appellants were restrained from manufacturing and marketing their products i.e. flour mills (Ghar Ghanti) by using the word NIMA till hearing and final disposal of the suit.

(2.) The respondents-original plaintiffs filed Civil Suit No. 1952/1999 for a declaration and permanent injunction. The case of the respondents-original plaintiffs is as under:

(3.) Mr.P M Thakkar learned Senior Counsel appearing with Mr.Premal S. Rachh and Mr.Y M Thakkar learned advocates for the appellants has submitted that the appellants are using the mark NIMA since 12.02.1997 with respect to flour mills, whereas the respondents have never used either the mark NIRMA nor the mark NIMA for the said product at all. He has submitted that the respondents have not used the mark NIRMA for any product other than detergent in the form of bar, cake or powder.