Ghose, J. - (1.) This appeal directs against an order of the Hon'ble First Court dated December 23, 2004 whereby on an application of the respondent under Order 39 Rules 1 & 2 of the Code of Civil Procedure (hereinafter referred to as the CPC), the Hon'ble First Court was pleased to grant an order of injunction in favour of the respondent. The prayers made in the said application of the respondent are as follows :- a) An order of injunction restraining the respondent by themselves or through their agents, servants and/or assigns from in any way manufacturing, marketing or selling any Glass products or laminated or toughened glass under the impugned Trade Mark or trade name 'SAFEX FLOAT or using the mark 'SAFEX' or any other mark which is deceptively similar to the registered trade mark of the petitioner or suing the essential and/or sailent feature of the petitioner's mark namely 'SAFEX' in respect of toughened and/or laminated glass. b) An order of injunction restraining the respondent by themselves or through their agents or servants and/or assigns from in any way passing off goods bearing the impugned Mark or trade name 'SAFEX' or'SAFEX FLOAT' or using any other deceptively similar mark or trade name resembling the registered trade mark of the petitioner in respect of glass including toughened and laminated glass which is calculated to deceive or likely to deceive and confuse members of the trade and consuming public to believe that the impugned product of the respondent is a product of the petitioner or that the petitioner is connected to and/or associated or related therewith. c) An order of injunction restraining the respondent, their servants, agents and/or assigns from in any manner infringing the petitioner's registered trade mark No. 463502 or using any mark deceptively similar thereto in respect of any glass product.
(2.) Facts revealed in this application that respondent is a Private Limited Company and one of the oldest Glass Manufacturers in India and is e'ngaged in the business of manufacturing and sale of Laminated Safety Glass Sheet, Toughened Safety Glass, Penguin Pane Insulated Glass, Twin Bird and Golden fish Mirrors. Safety Bullet Resistant Glass and also other types of Glass used in Vehicles. Petrol Pumps and Offices. The said laminated and toughened Glass is sold by the respondent both within and outside the jurisdiction of this Hon'ble Court and under the mark SAFEX. The respondent enjoys goodwill and reputation all over India.
(3.) Since 1954 one Mr. D. N. Agarwal along with his family members formed a Partnership Firm in the name and style of D. N. Agarwal & Sons and started selling the aforesaid variety of glass in different parties of India using the said mark 'SAFEX'. The said partnership business was converted into a company on or about 27th May, 1958 and was duly incorporated in the name of Hindusthan Safety Glass Works (Pvt.) Limited under the Companies Act, 1956 and was duly took over all the rights and liabilities including the said trade mark 'SAFEX' which was sold all over India by the said Partnership Firm.;