I.P.MUKERJI, J. - (1.) The plaintiff in the suit (CS 63 of 2019), Shyam Steel Industries Ltd. and the first defendant, Shyam Sel and Power Ltd. ("the defendant") are both manufacturers of thermostatically treated bars (TMT bars). The second defendant is a group company of the first defendant and manufactures steel and ferroalloys. They also generate power. The plaintiff is the registered proprietor of the word mark 'Shyam' and label marks, featuring this word prominently.
(2.) The suit is for infringement of this trademark and passing off. In the interlocutory application (GA 857 of 2019), made by the plaintiff the learned single judge at the ad-interim stage, that is to say at the time the motion was presented to the court refused to grant an injunction restraining the first defendant from using these marks. Obviously, at this stage no affidavit-in-opposition on behalf of the defendants could be invited.
(3.) In the said order the case of the parties was noted. Then the order was passed after recording the reasons in support of it very shortly as follows: "I have heard learned counsel for the parties. Prima facie, I am of the view that 'Shyam' being a part of the business name of the defendants, no injunction should be passed to restrain them from using the said word on their packaging. Further, if the case of honest adoption can be made out by the defendants, that would also be a point in their favour. I deem it proper to grant the defendants time to file affidavit-in- opposition which may be filed positively within two weeks from date and no prayer for extension of time shall be entertained. Reply, if any, be filed within a week thereafter. List the matter three weeks hence under the heading 'Adjourned Motion' as a commercial cause. In the meantime, however, the defendants shall maintain weekly accounts of sale of its products covered by class 6, which are sold under the mark 'Shyam'. The accounts should be kept with the advocate-on-record of the defendants with a copy to advocate- on-record for the plaintiff. I make it clear that all the observations that I have made in this order are prima facie for the purpose of passing an order at the ad-interim stage and the same will have no relevance at the time of considering and deciding this application after exchange of affidavits. " ;