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2007 Supreme(Del) 1864

BADAR DURREZ AHMED
LACHHMAN DAS BEHARI LAL – Appellant
Versus
GHANSHYAM DAS JETHA NAND – Respondent


Advocates Appeared:
M.R.Bhalerao

BADAR DURREZ AHMED, J.

( 1 ) THE plaintiff has filed this suit for permanent injunction, infringement of copyright/trademark, passing off and rendition of accounts etc. The defendants have been proceeded ex parte. The plaintiff has filed its evidence in the shape of affidavits of PW1 to PW12. The plaintiff has also filed documents which have been marked as exhibits PW 1/1 to PW 1/13. The document at Page 51 filed on behalf of the plaintiff as Annexure - VIII contains the plaintiffs mark as well as the defendants' mark. The plaintiffs mark is marked as exhibit-A. The defendants' mark is marked as exhibit-B. The document at Page 52 (Annexure - IX) which is a bill issued by the defendant No. 3 is marked as exhibit-C.

( 2 ) THE plaintiff is a registered partnership firm which was constituted in 1925. Later, in 1981, due to expansion of the business, the plaintiff moved a part of its business activities as well as its head office to Delhi. The plaintiff firm is in the business of manufacturing and selling snuff through its licencees. Shri Manohar Lal Wadhwa (PW-1) is one of the partners in the firm and he has given his affidavit by way of evidence. The affidavit filed by pw1 reitera





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