Manmohan Singh, J. (Oral)

1. The plaintiff has filed the suit for permanent injunction restraining infringement of trademark, passing off, rendition of account, delivery up etc. against the defendant – M/s Navodya Exim Pvt. Ltd.

2. The case of the plaintiff is that the plaintiff company is engaged in the business of manufacturing, marketing and selling of Aluminum composite Panel, Plywood, Block Boards, Wood Doors, Window Frames, Veneers, Flush Doors, Lumber Metallic Laminates, Sun Mica and Nuts, Bolts, Screws, Washers, Leaf Springs, Clips, U.J. Cross, Steel Balls, Control Cables, Locks, Spokes and Rings, Aldrops, Latches, Channel, Door Stops, Hinges, Window and Door Fittings bearing trade mark ALOMAX, which falls in the Class-6 & 19 of the classification of goods under Schedule IV of the Trade Marks Act, 1999. The said trade mark is being used by the plaintiff since 2000.

3. The plaintiff is the registered proprietor of the trade mark ALOMAX for Plywood, Block Boards, Wood Doors, Windows Frames, Veneers, Flush Doors, Lumber Mettalic Laminates, Sun Mica in Class-19 vide No.1321329. The plaintiff’s application for registration in Class-6 was pending at the time of filing of t