Judgment

GOSWAMI, J.:- The petitioners Nos. 2 to 5 in Writ Petition No, 37 of 1970 are the sole partners of petitioner No, 1 which is a registered partnership firm (briefly the firm) carrying on the business of manufacturing, marketing and selling bidis under the pictorial representation and the trade name "Chhatrapati Shivaji Bidi", The firm is the sole proprietor of the Registered Trade Mark No. 12549 in respect of the pictorial representation of the picture of "Chhatrapati Shivaji" and of the Registered Trade Mark No, 12550 in respect of the trade name "Chhatrapati Shivaji" registered in the Registry of Trade Marks, Bombay. The Petitioner in Writ Petition No. 38 of 1970 supporting the petitioners in Writ Petition No. 37 of 1970 has submitted the additional petition claiming the same reliefs. In fact the petitioner in Writ Petition No. 38 of 1970 (briefly the company) has also been impleaded as respondent No. 4 in Writ Petition No. 37 of 1970.

2. According to the petitioners the business of manufacturing bidis according to special formula and processes and of marketing and selling them under the pictorial representation of Chhatrapati Shivaji" and under the trade name "Chhatrapati