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1997 Supreme(Del) 707

DEVENDER GUPTA, K.S.GUPTA
METROPOL INDIA PRIVATE LIMITED – Appellant
Versus
PRAVEEN INDUSTRIES INDIA (REGD) – Respondent


Advocates Appeared:
BINNI KALRA, PARVIN ANAND, V.P.Ghiraya

Devinder Gupta, J.

( 1 ) THESE two appeals arise out of same order passed on 18. 1. 1996 in IA 14791/91 in Suit No. 3877/91 by the learned Single Judge of this Court partly allowing the plaintiff s application under Order 39 Rules 1 and 2 of the Code of Civil Procedure restraining the defendant from manufacturing, selling and offering for sale or dealing with and selling their product under the trade mark "cleanzo" or any other mark or marks deceptively similar to the plaintiff s registered trade mark CLEANZO bearing No. 335807 and also from using label similar to that of the plaintiff s label on the cartons of the products.

( 2 ) FAO (OS) 48/96 is by the plaintiff M/s Metropol India (P) Ltd. and FAO (OS) 98/96 is by the defendant Praveen Kumar Sabharwal, Sole Proprietor of M/s Praveen Industries India. Plaintiff is aggrieved by the last part of the impugned order, which has permitted the defendant to manufacture and sell its product under the name, style and trade mark Praveen CLEANJO with the rider that they will not right the word CLEANJO in isolation or in conjunction with praveen in an Oval Shape or in other shape, which may be deceptively similar to the manner in which the

































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