R.B. Mehrotra, J. - (1.) Both the aforesaid writ petitions involve common question of law and fact and, as such, are being disposed of together.
(2.) In writ petition No. 315 of 81, the petitioners are carrying on the business of manufacture and sale of aerated water, known as Campa Cola, Campa Orange and Campa Lemon and special Soda. The petitioner company is a registered company.
(3.) In this case, a franchise agreement entered into between M/s. Pure Drinks (New Delhi) Limited, New Delhi (hereinafter referred to as "Company") and the petitioner (namely, Singh Beverages Pvt. Limited and another) really establish that the petitioner was manufacturing the beverages, only beverages base was supplied by M/s. Pure Drinks, New Delhi. The franchise agreement also shows that the petitioner was manufacturer of the said beverages but the manufacturing was being done in the trade name of the company. The agreement took care that the petitioner-manufacturer shall not violate the trade mark of the company. This agreement clearly manifests that the petitioners are manufacturers and are manufacturing the beverages in the trade name of the company within the territory detailed in the franchise agreement. The agreement also manifests that the petitioners were not the agents of company, namely, M/s. Pure Drinks, New Delhi.;