SOUMEN SEN,J. - (1.) Pursuant to the notice, the defendants are represented. The defendants have relied upon page 175 of the petition to show that in the application filed by the petitioner for registration of the word mark "Ruskit it has been stated that the said mark is "proposed to be used". Under such circumstances, it is submitted that the plaintiff cannot have any injunction with regard to the use of the word mark "Ruskit".
(2.) Mr. Bhattacharyya, learned Counsel for the defendants has referred to a suit filed by the plaintiff against one ACK Pvt. Ltd. and Ors. in which the defendant no.2 is a party. Mr. Bhattacharyya has further referred to paragraph 25 of the plaint relating to Title Suit No.13 of 2017 and submits that in the said paragraph the plaintiff has admitted that ACK Pvt. Ltd. is the owner of the said mark and without impleading the owner, the present suit is not maintainable.
(3.) Mr. Bhattacharyya, has also referred to page 36 of the petition filed under Order 39, Rule 4 of the Code of Civil Procedure by ACK Pvt. Ltd. before the Alipore Court to show that the plaintiff has made a disclaimer with regard to the word "Farm" and device on the label. It is on such circumstances, Mr. Bhattacharyya submits that the order of injunction needs to be vacated.;