G.S. Sistani, J (Oral)

1. Plaintiff has filed the present suit under Sections 29, 27 (2), 134 and 135 of the Trademarks Act, 1999 for permanent injunction restraining the infringement of Trademark, passing off, damages, rendition of accounts, delivery up, etc. Summons were issued in the suit on 30.5.2008. On an application for appointment of Local Commissioner moved by the plaintiff a Local Commissioner was also appointed in the matter. The summons were served on the defendants and after filing the written statement the defendants stopped appearing in the matter. Defendant no.3 was proceeded ex parte on 12.12.2008 and defendant no.2 was proceeded ex parte on 18.11.2013. The suit stands abated qua defendant no.1.

2. Plaintiff has filed evidence of three witnesses, PW-1 is the partner of the plaintiff firm. PW-2 is another partner of the plaintiff firm who has deposed on the lines of the PW-1, and has exhibited certain additional documents. PW-3 is an official witness from the office of the registrar of Trademarks. The plaintiff is a registered partnership firm. The partnership deed dated 12.4.2002 has been exhibited as Ex.PW-2/1. The partnership firm initially comprised of