(May 21, 2001) 2001 (TLS)125342

2001-DLT-93-74 :: 2001-AD (Del)-6-490

NATIONAL AUTO IMPEX Vs. Autocop (India) Private Limited

J. D. Kapoor

( 1 ) THROUGH this petition, the petitioner has sought an interim protection by way of restraining the respondent, their servants, agents, representatives, dealers, sub-distributors and all other persons on their behalf from selling or offering for sale Car Security and remote Control Central Locking System under the trade mark "piranha" and "autocopxs" and also directing the respondents to supply the aforesaid goods to the petitioner against cash payment or current date cheques and also directing the respondents by way of mandatory injunction to clear the outstanding payment or adjust the outstanding payment.

( 2 ) THE aforesaid interim measures are being asked for on the basis of the agreement executed between the petitioner and respondents 1 and 2 on 1/02/1995 whereby the petitioner was appointed as the distributor to sell the product of the respondent company under the trade name "piranha" for whole of India except Greater Bombay. As per clause 6 of the Agreement it was agreed that no agent will be appointed by the respondents 1