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Shalimar Chemical Works Ltd. – Appellant
Versus
Surendra Oil & Dal Mills (Refineries) – Respondent
It is not mentioned anywhere in the provided legal document that "mixing of 2 document file is allowed".
The document instead addresses the improper "marking" of Xerox (photocopy) versions of trade mark registration certificates as exhibits (Exs.A1-A5) by the trial court despite objections, noting that Xerox copies are not admissible without originals or certified copies under relevant law (!) (!) (!) . The Supreme Court holds that the trial court erred by marking them "subject to objection of proof and admissibility" rather than rejecting them outright (!) .
Original certificates were permitted as additional evidence at the appellate stage under Order 41 Rule 27(b) CPC "in the interest of justice" or for "any other substantial reason", overturning the High Court division bench's refusal (!) (!) (!) (!) . No provision or allowance for "mixing" Xerox copies with originals (or any two document files) appears.
Judgment :
AFTAB ALAM, J.
1. This is the plaintiff's appeal arising from a suit for permanent injunction based on allegations of infringement of its registered trade mark. The appellant is a company incorporated and registered under the Companies Act. The case of the appellant is that from the year 1945 it is engaged in the business of manufacture and sale of high grade coconut oil used for cooking as well as manufacturing of various toilet products under the distinctive trade mark "Shalimar". The appellant claims to be the registered owner of the trade mark "Shalimar" in Class 03 in respect of coconut hair oil and in Class 29 in respect of all edible oils included in that class. Alleging that the respondents were marketing their product in infringement of its registered trade mark, the appellant filed a suit (OS No.1 of 1995) before the Third Additional Chief Judge, City Civil Court, Hyderabad, seeking permanent injunction restraining the defendants from marketing or offering for sale edible oil products bearing the name "Shalimar" on containers, labels or wrappers, or using any name identical or deceptively similar to the appellant's trade mark.
2. In course of the trial, the appe
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