BUSH BOAKE ALLEN INDIA LIMITED Vs. RED CLUB PRODUCTS CORPORATION

JUDGEMENT

(1.) This order shall dispose of the plaintiff's application moved under Order 6 Rule 17 of the Code of Civil Procedure for the amendment in the plaint. At present the defendant jin the suit is "Red Club Products Corporation" which is a partnership firm having its principal place of business at premises 19/21,Shakti Naga Delhi-110007. In para No. 2 of the plaint the plaintiff expressed its ignorance about the names and other particulars of the partners of the defendant firm and so filed an application, along with the plaint, under Order 30 Rule 1 of the Code of Civil Procedure calling upon the defendant to furnish a statement of the names and addresses of its partners. Consequently, the defendant firm provided the plaintiff with a copy of its partnership deed from which the plaintiff learnt the names and addresses of the partners of the defendant. The plaintiff, thus, wants to implead all the four partners, namely; (a) Smt. Man Mohan Kaur. (b) Miss Harleen Chhabra, (c) Shri Sanjeev Singh and (d) Master Gurnish Singh (Minor) (through Shri Sohinder Singh, father and natural guardian) as co-defendants in the suit as also in the application moved under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

(2.) The plaintiff also wants to implead as a co-defendant M/s. Sher-e-Punjab Trading Company through its proprietor Suhinder Singh alleging that the defendant distributes its products through M/s. Sher-e-Punjab which was also the distributor of the plaintiff's products upto the year 1978, but the plaintiff terminated the distributorship agreement with M/s. Sher-e-Punjab on account of non-payment of dues by the said distributor.

(3.) The suit of the plaintiff against the defendant-firm is one for perpetual injunction seeking to restrain the defendant-firm, its servants and agents from using the trade mark 'RED STAR' and device of a 'Star' and/or any other trade mark deceptively similar to the plaintiff's registered trade mark 'STAR BRAND' and/or any other mark deceptively similar thereto. Perpetual injunction is also sought against the defendant-firm, its servants and agents from passing off its goods as and for the goods of the plaintiff by using the infringing trade mark 'RED 'STAR' and the infringing device of a 'Star'. Rendition of accounts of profits made by the defendant-firm by the sale of its products under the infringing trade mark 'RED STAR' and infringing device of a 'Star' has also been sought against the defendant-firm.