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2020 Supreme(Del) 917

MUKTA GUPTA
Mittal Electronics – Appellant
Versus
Sujata Home Appliances (P) Ltd. – Respondent


Advocates Appeared:
Sandeep Sethi, Advocate, Mohan Vidhani, Advocate, Rahul Vidhani, Advocate, Akhil Agarwal, Advocate, Jai Sai Deepak, Advocate, Meenakshi Ogra, Advocate, Niharika Sanadhya, Advocate, Preetpal, Advocate

JUDGMENT

Mukta Gupta, J. - I.A. 1751/2020 (under Order XXXIX Rule 1 and 2 CPC)

    I.A. 4098/2020 (under Order XXXIX Rule 4 CPC-by defendant No.1)

      1. The plaintiff Mittal Electronics through its partner have filed the present suit inter alia seeking a decree of injunction against the defendants, their directors, partners etc. from manufacturing, purchasing or selling the home appliances and other accessories under the trademark ''Star SUJATA'' or ''SUJATA'' or any other identical or deceptively similar mark or corporate name, domain name and email address as the same not only violated its statutory right by way of the registration of the trademark but also amounted to passing off the goods of the defendants as that of the plaintiff besides seeking cancellation of the domain name, declaring the plaintiff''s trademark as a Well Known mark and delivery up, rendition of accounts, damages etc.

      2. In the suit, the plaintiff impleaded ''SUJATA'' Home Appliances (P) Ltd. with its addresses at Delhi, Bhatinda, Punjab as defendant No.1, Gorani Industries Ltd. at Indore, Madhya Pradesh as defendant No.2, Asija Electricals at Sirsa, Haryana as defendant No.3 and Radiant Industries at Chandigarh as

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