JUDGMENT :

Manmohan Singh, J.

The plaintiff has filed the present suit for perpetual injunction, passing off, rendition of accounts, etc. against the defendants.

2. The brief facts of the case as per plaint are that the plaintiff is an existing company incorporated under the Companies Act, 1956, carrying on business, inter alia, as Engineers, Construction Contractors, Manufacturers of switch gears, etc. The Memorandum and Articles of Association of the plaintiff have been exhibited as Ex. PW-1/2.

2.1 The plaintiff is the successor in business of a partnership firm formed by two Danish Nationals, Henning Holk-Larsen and Soren Kristian Toubro (hereinafter referred to as "the said partnership firm"). The said partnership firm was established in the year 1938 for the purpose of carrying on business as engineers. As the business grew, the said partners decided to form a Limited Company and that is how the plaintiff was incorporated on 7th February, 1946 which took over the business of the said partnership firm.

2.2 The name of the plaintiff contained the surnames of the said two partners i.e. Larsen and Toubro and the same name was so chosen because the plaintiff was promoted by the said two