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2009 Supreme(Del) 686

S.MURALIDHAR
AMAR SINGH CHAWAL WALA – Appellant
Versus
SHREE VARDHMAN RICE AND GENL. MILLS – Respondent


Advocates Appeared:
Mr. Valmiki Mehtra, Senior Advocate with Mr. Gurvinder Singh, Advocate.
Mr. S.K. Bansal, Advocate.

JUDGMENT

S. MURALIDHAR, J.

1. This appeal is directed against the impugned order dated 1st March 1996 passed by the learned Single Judge dismissing IA No.6222 of 1989 filed by the Plaintiff/Appellant in Suit No. 2247 of 1989).

2. The aforementioned suit was filed by the Plaintiff/Appellant seeking a permanent injunction to restrain the Defendants/Respondents from infringing the Plaintiff’s registered trade marks in the device of QILLA, the words GOLDEN QILLA (word per se), LAL QILLA CHAPP (word per se), LAL QILLA (word and device mark) and NEEL QILLA in relation to the goods for which they were registered, i.e, rice. A decree of permanent injunction was also sought to restrain the Defendants/Respondents from processing, selling or offering for sale or dealing in rice or any other cognate or allied goods under the trade mark HARA QILLA or the device of QILLA or any mark or device deceptively similar to the Plaintiff’s aforementioned registered trade marks.

3. In this appeal the parties are referred to by their status in the suit. Accordingly the Appellant is referred to as the Plaintiff and Respondents 1 and 2 as the Defendants 1 and 2.

4. The case of the Plaintiff is that it is en






































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