DEVENDER GUPTA
JAI PRAKASH GUPTA – Appellant
Versus
VISHAL ALUMINIUM MFG. CO – Respondent
( 1 ) THE plaintiff in a suit for passing off of trade marks, rendition of accounts and damages has in the application under order 39 Rules 1 and 2 of the Code of Civil Procedure (for short "the Code") sought an order of injunction restraining the defendants, their servants, agents, representatives, distributors and dealers and all other persons on their behalf from selling the pressure cookers (non-electric) under the trade mark VISHAL king and/or other trade mark containing the word "vishal" till final disposal of the suit.
( 2 ) AFTER summons were issued and notice in the application was sent, the defendant put in appearance and filed its reply. Pleadings are complete. I have heard learned counsel for the parties.
( 3 ) THE suit is filed on the allegation that plaintiff firm is engaged in the business of manufacturing and sale of pressure cookers (non- electric) etc. being house hold kitchen goods for the last many years. The plaintiff is using one of the celebrated trade mark VISHAL in respect of pressure cookers (nonelectric) since the year 1984 continuously, extensively and openly and without any objection from anyone. The business carried on by the plainti
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