Jayanta Kumar Biswas, J.- - (1.) The plaintiffs have filed a suit alleging that the defendant has been passing off its business and products by adopting a corporate name nearly similar to that of the plaintiffs. In the pending suit the present application (G.A. No. 3504 of 2003) dated September 22nd, 2003 has been filed for interim reliefs.
(2.) The case of the plaintiffs is that the dominant parts of their corporate names (Fort Gloster Industries Ltd. and Gloster Jute Mills Limited) have been calculatedly adopted by the defendant (Fort Gloster Jute Manufacturing Company Private Limited) with the sole object of deriving undue benefits out of the goodwill and reputation associated with their such corporate names which have their origin in a corporate name (Fort Gloster Jute Manufacturing Company Limited), adopted by their predecessor in the year 1872.
(3.) Mr. Sudipto Sarkar, Senior Advocate, appears for the plaintiffs. His submission is that the words "Fort" and "Gloster" are exclusively associated with the business carried on by the plaintiffs. He has pointed out that with the long existence of the mills and factories of the plaintiffs, the location itself has come to be known by the name "Fort Gloster", and the revenue records of the Government also describe the place as such.;