- (1.)Leave granted.
(2.)In an appeal by the defendants challenging the judgment and decree dated 16th September, 2004 passed by the learned trial Court decreeing the suit for specific performance, permanent injunction and damages, the High Court of Delhi, by the impugned order, has held the suits, filed by the plaintiffs, to be not maintainable.
(3.)The suit was filed specifically for the following reliefs:
"(i) A Decree of Permanent Injunction be issued to restrain the Defendants, jointly and severally, their directors, partners, distributors, representatives, servants and agents from using the word "BAKER" or any other word similar thereto as a corporate name or trading style'

(ii) A Decree of Permanent Injunction be issued to restrain the Defendants, jointly and severally, their director, partners, distributors, representatives, servants and agents from passing off their business, services and goods as and for that of the Plaintiffs by use of the word "BEKER" or any other word deceptively similar thereto as a trade make or as a trading style;

(iii) A Decree for the specific performance directing the Defendants, jointly and severally, to perform their contractual obligation, under Agreement dated December 21, 1984 and forthwith take necessary steps to change, or cause to be changed, the corporate name of the second Defendant, by deleting the word BAKER therefrom.

(iv) A Decree of direction to the Defendants, jointly and severally, to take appropriate steps before the Registrar of Companies and before all other appropriate authorities to effect the change of the corporate name of the second Defendant so as to delete at the name BAKER therefrom.

(v) A Decree in the sum of L 5,05,000/- payable by the Defendants, jointly and severally, to the Plaintiffs, jointly and severally, by way of damages.

(vi) A Decree of delivery up of all boards, barrels, letter heads, publicity materials and all and every other object or material, printed and/or other material bearing the word BAKER or any other word deceptively similar thereto.

(vii) Costs be awarded in favour of the Plaintiffs.

(viii) Such other and/or further reliefs be granted as the Hon'ble Court may deem fit and proper in the circumstances of the case."