CENTURY TRADERS Vs. ROSHANLAL DUGGAR AND COMPANY

JUDGEMENT

(1.) This appeal is directed against the order of a learned Single Judge of this court dismissing an application under Order 39, rules I and 2, read with Section 151 of the Code of Civil Procedure, moved by the appellant in Suit No. 381 of 1976, filed by it in this court claiming that the respondents herein were guilty of passing off their goods bearing the appellant's trade-mark and in consequence praying for the issue of a permanent injunction restraining respondents from using the trade mark of the appellant and holding that they arc liable to render accounts, pay damages and surrender all goods bearing the appellant's trade mark. Pending the disposal of the suit, the appellant prayed for issue of temporary injunction interms of its prayer for permanent injunction against the respondent.

(2.) The appellant manufactures and markets various textiles including voiles and mulls. Respondent No. 1 is also a manufacturer of textiles, including voiles and mulls. Respondent No. 2 is the proprietor of respondent No. 1. Respondent No. 3 is a processor who is supplied unbleached textiles, including voiles, by manufacturers for being processed, dyed and printed with marks which are ultimately marketed by the manufacturers.

(3.) The appellant's case is that it is manufacturing voiles and from the year 1973 upto the end of 1975 got the same processed by respondent No. 3. Thereafter it is getting goods manufactured by it processed from another party. It is claimed that the appellant directed respondent No. 3 after processing to put the trade mark in question on its voiles and respondent No. 3 complied with that direction. From 1976 the appellant gave this processing work to another party and is getting the same trade mark placed n its goods. However, in the middle of 1976 it came to know that respondents 1 and 2 arc using the identical mark for voiles manufactured by it by getting it processed from respondent No. 3.