- (1.) Messrs. Mohan Meakin Breweries Limited plaintiff-respondent (hereinafter referred to as the plaintiff) sought against Himachal Pradesh Horticulture against Marketing and processing corporation Limited (hereinafter referred to as the defendant) permanent injunction and rendition of accounts for infringement and passing off under Section 105/106 of the Trade and Merchandise Marks Act, 1958. It was averred in the plaint that apple juice manufactured by the defendant Corporation was sold under the impugned trade mark 'Golden Crown' in Ludhiana and therefore, Ludhiana Courts had the jurisdiction to entertain any try the suit in question. The defendant Corporation challenged the jurisdiction of Ludhiana Court and the trial Court, therefore, framed the following preliminary issue for decision at the threshold : "Whether this Court has jurisdiction to try this suit?"
(2.) The plaintiff examined Gurdip Singh and Kamlesh Kumar Chamiji as P.W. 1 and P.W. 2 respectively. Kamlesh Kumar Dhamij, Who claimed himself to be the Assistant Manager of Trade Links, Ludhina, Stated that his company was the distributor of the goods manufactured by the plaintiff-company was the distributor of the goods manufactured by the plaintiff company including apple juice under the trade mark 'Gold Coin'; that in pursuance of the direction of the plaintiff company, he had purchased 6 bottles of 'Golden Crown apple juice from Deep Store at Ludhina who issued him cash memo marked 'A' One of the said six bottles was produced as Exhibit P. 1. He further stated that other shopkeepers also sold Golen Crown apple juice in July 1976. In his cross- examination he stated that Vinodi Lal was the stockiest of Golden Crown, later on he further stated that Brewerges (Beverages?) wee the stockiest of Golden Crown apple Juice. He was unable to say as to whether the sale at Ludihiana of Golden Crown apple juice was two bottles or two Lac bottles. He admitted that he had never paid visit to the office of Amrit Beverages not he had met any partner or director or shareholder or proprietor of Amrit Beverages. He further stated that he did not know as to who were the stockiest of various breweries at Ludhiana.
(3.) Gurdip Singh P.W. 1 stated that on 20th July 1978, a customer has purchased six bottles of Golden Crown apple juice and the cash memo marked 'A' had been issued by his brother. He produced carbon copy of the cash memo which was marked 'B'. He further stated that he used to get juice manufactured by the defendant from their distributor Amrit Beverages. The cash memo marked 'C' and 'D' are said to have been issued by the said distributors. In cross-examination, he stated that he was not a registered dealer in the city of Ludhiana. He also did not know as to whether Amrit Beverages were the registered dealer. He admitted that in the cash memo book brought by him in court, there was no other cash memo in which Golden Crown apple was specifically mentioned.He further added that the brand name of the juice is mentioned only if a customer specifically asks the same to be mentioned. The customer who had purchased apple juice marked 'P. 1' had specifically asked the brad name to be mentioned and therefore, it was mentioned. He admitted that the brand name for the apple juice purchased against cash memo 'A' is 'Gold Crown' and not 'Golden Crown'. However, he added that what he had sold was 'Golden Crown' to that customer. He did not produce the ledger book. He admitted that he kept no record as to how much quantity of different juice he had sold in the month of July, 1978. He stated that it was his brother who knew everything about the business.;