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2010 Supreme(Del) 242

MADAN B.LOKUR, MUKTA GUPTA
P. P. Jewellers Pvt. Ltd. – Appellant
Versus
P. P. Buildwell Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. Sudhir Chandra, Sr. Advocate with Mr. Hemant Singh, Ms. Mamta R.Jha, Mr. Rahul Gupta and Mr. Sumit Rajput, Advocates
Mr. Shailen Bhatia, Ms. Zeba Tarannum Khan and Mr. Amit Jain, Advocates

JUDGMENT

1. The abovementioned appeals arise out of a common judgment dated 24th September, 2009 passed in IA No. 132/2005 in CS (OS) No. 19/2005 titled as “P.P. Jewellers Pvt. Ltd. vs. P.P. Buildwell Pvt. Ltd.” and I.A. No. 4048/2008 in CS (OS) No. 604/2008 titled as “P.P. Jewellers Pvt. Ltd. vs. P.P. Prime Properties and Promoters Pvt. Ltd.”, whereby applications under Order 39 Rules 1 and 2, CPC filed by the Appellant herein P.P. Jewellers Pvt. Ltd. (hereinafter called as “PPJPL”) were dismissed.

2. The Appellant had filed the abovementioned two suits against M/s P.P. Buildwell Pvt. Ltd. (hereinafter called as “P.P. Buildwell”) for passing off and against M/s P.P. Prime Properties and Promoters Pvt. Ltd. (hereinafter called as “P.P. Prime Properties”) for infringement of the trademark and passing off.

3. The brief facts resulting in bringing the abovementioned suits by PPJPL Plaintiff No. 1/Appellant No. 1 herein and M/s L.R. Builders Pvt. Ltd. Plaintiff No.2/ Appellant No. 2 herein in FAO (OS) No. 535/2009 and PPJPL, the sole Plaintiff/Appellant herein in FAO (OS) No. 534/2009, are that Appellant No.1 herein is a well known manufacturer of jewellery, precious metals, their allo




















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