- (1.) This application under section 24 of the Code of Civil Procedure, 1908 (hereinafter 'the Act of 1908) has been filed seeking transfer of suit No. 34/7/2011 titled as M/s. Rajeev Gandhi Computer Saksharta Mission v. M/s. M/s. Rajeev Gandhi Computer Saksharta Mission, pending before the Court of Addl. District Judge (Fast Track) No. 2, Alwar to the appropriate Court at Jaipur.
(2.) The case of the petitioner- M/s. Rajeev Gandhi Computer Saksharta Mission (here-in-after 'the petitioner trust') is that it is registered under the Public Trust Act, 1860 and Public Charitable Act, 1882 and has been imparting education in the field of Computer Science since 1996 albeit the petitioner Trust came to be registered only in or about 2005. The petitioner trust has adopted a LOGO 'RGCSM' and had moved an application No. 1375529 with the Registrar of Trade Mark on or about 4.8.2005. It has been submitted that the respondent also M/s. Rajeev Gandhi Computer Saksharta Mission (hereinafter 'the respondent firm') is also engaged in the business of imparting Computer Education and has its registered office at Jaipur. The respondent has a registered trade mark under the said name of M/s. Rajeev Gandhi Computer Saksharta Mission with the Registrar of Trade Marks effective 31.3.2008.
(3.) It is submitted that on it coming to the notice of the petitioner trust that the respondent firm was engaged in a similar nature of work in the field of Computer Education & Science with a name similar to that of the petitioner, a notice dated 24.12.2010 was issued to the respondent firm and also published in a newspaper. The notice and the publication in the newspaper was followed by a suit for injunction filed by the petitioner trust in the Court of the Addl. District Judge No. 5, Jaipur Metropolitan City at Jaipur on 6.1.2011 against the respondent firm under the provisions of the Trade Mark Act, 1999 (here-in-after 'the Act of 1999'). It was submitted that however the respondent firm pursuant to the notice dated 24.12.2010 had itself laid a suit for permanent injunction against the petitioner trust at Alwar on 3.1.2011. In the circumstances on that respondent's application in the petitioner's suit for permanent injunction at Jaipur under section 10 CPC, the petitioner's suit has been stayed.;