ORDER

CIVIL APPEAL NO. 2240 OF 1997

1. THERE ARE TWO RESPONDENTS IN THIS APPEAL. INSOFAR AS RESPONDENT 1 M/S E VIKSHARA TRADING & INVESTMENT PVT. LTD. IS CONCERNED, THE TRIBUNAL HAS FULLY DISCUSSED THE MATTER AND DECIDED THE CASE. INSOFAR AS RESPONDENT 2 M/S DHANVI TRADING & INVESTMENTS PVT. LTD. IS CONCERNED, THERE IS HARDLY ANY REFERENCE TO THE FACTS OF THE CASE IN THE COURSE OF THE ORDER OF THE TRIBUNAL. THEREFORE, THE ORDER MADE BY THE TRIBUNAL CANNOT BE MADE APPLICABLE TO M/S DHANVI TRADING & INVESTMENTS PVT. LTD. AT ALL. IN THAT VIEW OF THE MATTER THE

ORDER MADE BY THE TRIBUNAL INSOFAR AS M/S DHANVI TRADING & INVESTMENTS PVT. LTD. IS CONCERNED, IS SET ASIDE AND THE MATTER SHALL STAND REMITTED TO THE TRIBUNAL FOR FRESH CONSIDERATION IN ACCORDANCE WITH LAW. THE APPEAL IS ALLOWED IN RESPECT OF RESPONDENT 2.

2. SO FAR AS M/S VIKSHARA TRADING & INVESTMENT PVT. LTD. IS CONCERNED, THE ONLY QUESTION RAISED BEFORE US IS THAT ORIGINALLY THE TRADE MARK HAD BEEN REGISTERED BY ONE SHRI SHANTILAL P. JAIN AND SUBODH S. SHAH OF CALCUTTA IN RESPECT OF A CERTAIN DETERGENT AND THEY HAD ASSIGNED THE SAME IN FAVOUR OF M/S CMC (INDIA) PVT. LTD. SUBSEQUENTLY THE SAME WAS REASSIGNED TO M/S VIKSHARA