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2005 Supreme(Del) 923

SWATANTER KUMAR
Aviat Chemicals – Appellant
Versus
Magna Laboratories – Respondent


Advocates:
Sudhir Chandra, Sr. Adv. Hemant Singh, Sachin Gupta, Achintya Dvivedi, Dushyant K. Mahant, Valmiki Mehta, Sr. Adv. Pravin Anand, Nikhil Krishnamurthy, Ms. Shwetachree Majumdar and Amol Sahni, for Petitioners; S. K. Taneja, Sr. Advocate Rajesh Gupta, T. K. Tiwari, Sanjeev Sachdeva, Ms. Priya Puri, Preet Pal Singh, for Respondents.

Judgement

ORDER :- By this common judgement I would dispose of the above six transfer petitions filed under Section 24 of the Code of Civil Procedure (hereinafter referred to as the Code) as the common question of law based on somewhat similar facts arise for consideration of the Court in all these cases.

2. It is not necessary for the Court to note facts of each case as reference to the case of Aviat Chemicals Ltd. Transfer petition No. 9/2005 would be sufficient for the purposes of deciding the real controversy between the parties. Wherever the facts in regard to any of the transfer petitions need to be referred separately I would mention them. The plaintiff in the suit filed a suit being owner of the registered trademark MVI. The said trademark along with the goodwill and reputation was stated to be assigned by defendant No. 1 in favour of the plaintiff vide assignment deed dated 26th March, 1996 for a valuable consideration. The plaintiff claimed to be the registered proprietor of trademark MVI registered under the trademark No. 186931 thereby having exclusive right to use the trademark in respect of multi vitamin preparations. The plaintiff had permitted respondent No. 1 to use







































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