MANMOHAN, J (Oral):

1. Present suit has been filed for injunction restraining infringement of registered trade marks, passing off, unfair competition and damages.

2. However, learned counsel for plaintiff fairly states that she is only pressing prayer ‘A’ and not prayers ‘B to D’.

3. The relevant facts of the present case are that in 1988, plaintiff commenced its business as a partnership firm under the name and style of M/S. AGARWAL PACKERS & MOVERS. Subsequently, in 1991, the partners of M/S. AGARWAL PACKERS & MOVERS formed the plaintiff company and merged their partnership firm with the company.

4. It is stated in the plaint that plaintiff company is today a leading packaging, moving and logistics service provider engaged inter alia in the business of providing public carriers and carriers of goods, passengers, merchandise, commodities and other products and transportation of goods and luggage of all kind and description in any part of India and elsewhere by any mode of transport.

5. It is also stated in the plaint that the mark AGARWAL PACKERS & MOVERS is registered in plaintiff’s favour in Classes 16, 17 and 39. The said certificates have been exhibited.

6. Copies of