ANIL DEV SINGH, J.

( 1 ) THIS is an appeal against the order of the learned single Judge dated March 1, 1995 passed in 1. A. 129/95 in Suit No. 43/95, whereby the appellant (defendant in the suit was injuncted from using the word momtari or any other word deceptively similar thereto as part of its corporate name.

( 2 ) THE facts giving rise to this appeal are as under:-

( 3 ) M/s. Montari Industries Ltd. the respondent (plaintiff in suit) was incorporated on January 27, 1983. As per the assertion of the respondent it has several subsidiaries namely Montari Leasing and Finance Ltd. , Montari Chem Care Investments Ltd. , Montari Agro Chem Investments Ltd. , Montari Leather Ltd. , Montari Financial services Ltd. and Montari Inks Ltd. The respondent and its subsidiaries are said to be manufacturing products like chemicals agro-chemicals, paints cosmetics, pharmaceuticals, leather articles, tea, coffee, clothing carpets, inks, food articles etc. The respodent also claims to have a. turn over of Rs. 90 crores.

( 4 ) THE appellant, on the other hand, M/s. Montary Oveseas Ltd. was incorporated on April 21, 1993. It is claimed that the fields of operation of the appellant and the responden

Click Here to Read the rest of this document