Prabir Kumar Majumdar, J. - (1.) This is an appeal from Judgment & Order dated 14-5-1992 passed by the learned Trial Judge on an application under Article 226 of the Constitution, made by the respondents challenging the show-cause notice dated 3-3-1992 as also the letter dated 9-3-1992 issued pursuant to the said show-cause notice which have been impugned in the writ proceedings. The learned Trial Judge allowed the writ application and quashed the show-cause notice dated 3-3-1992 and also the letter dated 9-3-1992 issued pursuant to the said show-cause notice.
(2.) The respondents (hereinafter referred to as the writ petitioner) are the manufacturers of mechanical power transmission equipments including 'Vulkan' Diaphragm Couplings (Flexible) (hereinafter referred to as the said product). The writ petitioner is the registered proprietor of the trade mark 'Vulkan' duly registered under the Trade & Merchandise Marks Act, 1958, and possesses Registration Certificate No. 357127 dated 4-1-1980 issued by the Registrar of Trade Marks.
(3.) The case of the writ petitioner before the Trial Court was that it had the exclusive right and authority to use the said registered trade mark 'Vulkan' in relation to manufacture, sale and supply or distribution of the said product and its spares all over the country. The writ petitioner was a small scale industrial unit and as such was entitled to certain exemption of central excise duty by virtue of a Notification No. 175/86-C.E., dated 1-3-1986 as amended. The further case of the writ petitioner before the Trial Court was that the writ petitioner was granted necessary Central Excise Licence, bearing No. L-4/24/Chapter-8483/R-6/Call-1/86 dated 8-8-1986.;