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1999 Supreme(Del) 323

MOHD.SHAMIM
LLOYD INSULATIONS INDIA PRIVATE LIMITED – Appellant
Versus
PUNJ LLOYD INSULATIONS PRIVATE LIMITED – Respondent


Advocates Appeared:
Amit Andley, J.P.SINGH, MUKUL ROHTAGI, P.M.SINGH, R.K.Anand

Mohd. Shamim, J.

( 1 ) WHAT s in a name? That which we call a rose By any other name would smell as sweet; (Shakespeare Romeo and Juliet II, 2 ). However, the above piece of advice tendered to the people in general by the Bard of Avon appears to have fallen flat on the deaf ears of the parties to the present suit, as they have chosen to ignore the same and preferred to fight over a trade name like kilkenny cats as is manifest from the facts of the present case.

( 2 ) THE plaintiff are a company incorporated under the Companies Act, 1956. They from the very inception have been dealing in insulation besides other services. They are a pioneer in the insulation industry. They are the first to develop mineral wool insulation. They have also developed ceramic fibre and foam insulations. They also provide insulation audit services and have been retained by large industrial undertakings, including TISCO, Indian Oil Corporation, NTPC, Hindustan Petroleum Corporation Ltd. , Cochin Refinery etc. Insulation business involves high technical expertise and requires enormous amount of experience. The plaintiff have an impeccable track record of having handled orders worth crores of rupees with com










































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