- (1.) The material facts of the case are that the appellant is a company incorporated under Companies Act and is engaged in the business and manufacturing and sale of cattle feed. The product of the company is having its brand name and trade mark as "Kapila Pashu Ahar".
(2.) The defendant-respondent (hereinafter referred to as the respondent) is also a company incorporated under the Companies Act and is also engaged in the business of manufacture and sale of cattle feed. The Directors of both the companies are from one family. Sarv Sri Saurabh Shivhare and Samir Shivhare Sons of Late Sri Ramesh Shivhare are Directors of the appellant Company and Sri Surendra Nath Shivhare, real brother of Late Sri Ramesh Shivhare is a Director of respondent Company.
(3.) The respondent Company was formed prior to the appellant and Sarv Sri Ramesh Shivhare and Surendra Nath Shivhare were its owners and promoters. This company had its brand name and trade mark as "Kapila Pashu Ahar" (Trade Mark No.597524). Unfortunately, Sri Ramesh Shivhare died on 2nd July, 2004. After his death a business sale agreement was executed between the respondent and appellant company, in result business of the respondent as a whole was said to be sold to the appellant.;