SHAKTI ZARDA FACTORY I PVT LIMITED Vs. KATHIL TOBACCO BHANDAR
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
SHAKTI ZARDA FACTORY INDIA PRIVATE LIMITED
KATHIL TOBACCO BHANDAR
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D. P. Mohapatra, J. -
(1.)Feeling aggrieved by the interim order passed by the Punjab and Haryana High Court on 7-9-2001 in FAO No. 2911/ 2001, the petitioner M/s. Shakti Zarda Factory (I) Pvt. Ltd., filed this special leave petition. By the impugned order the learned single Judge modified the order dated 12-6-2001 of the Additional District Judge, Muktsar, to the extent that the appellant i.e. M/s. Kathil Tobacco Bhandar respondent No. 1 herein, shall stand restrained from using the name 'Swagat' on its Tobacco products within the territory of the State of Punjab and Haryana and further that the order shall be subject to the order, if any, passed by the Delhi High Court in the matter which is pending between the parties.
(2.)By the order dated 12-6-2001 passed in suit No. 1 of 2001 the Additional District Judge-II, Muktsar (D) had restrained the defendants, respondents herein, from using the trade mark and from infringing copy right of the plaintiff-Company, petitioner herein, in the name of 'Swagat'.
(3.)From the documents placed before us it appears that both the parties have filed suits against each other relating to the dispute over use of the mark 'swagat' for their products. While the respondents have filed suit No. 1210 of 2001 against the petitioner which is pending in the Delhi High Court, the petitioner has filed suit No. 1/2001 which is pending in the Court of the Additional District Judge (II) Muktsar (D). The respondents have also filed an application under Sec. 10 of Civil Procedure Code for stay of the petitioner's suit. That application is pending. Further the records show that the Courts, the Additional District Judge-II, Muktsar, the Punjab and Haryana High Court and the Delhi High Court have passed interim orders in the suits filed by the parties.
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