This is the defendants chamber summons seeking an order rejecting the plaint and dismissing the suit as covered and concluded by the judgment of the Supreme Court dated 27.5.2008 reported in (2008) 10 SCC 723 in an appeal filed by the defendant against the plaintiff from the order and judgment of the Division Bench of the Madras High Court and for a declaration that the above suit does not survive in view of the said judgment.

2.This is an action for passing off. The plaintiff filed the suit inter alia for the following reliefs:

a) that it be declared that by using in respect of whisky not distilled and matured in Scotland the impugned label (being Exhibit M) and the impugned carton (being Exhibit O) containing the word SCOT and/or the crest of a lion rampant and the description Distilled from the Finest Malt and Blended with the Choicest Whiskies by Scotch Experts under Government Supervision or the word SCOT or the device of the lion rampant or the said description in respect of the defendants whisky manufactured in India, the defendant is passing off its whisky as Scotch Whisky ;

b) that the defendant by itself, its servants and agents be restrained by a perpetual orde