JUDGMENT :

S.N. Kapoor, J.

In these above-mentioned two suits, there are injunction applications and other ancillary applications relating to granting of injunction sought by both the parties in their favor and against the opposite party. Since the dispute is confined to use of the word 'ALLIANZ' claimed by both the parties in these two suits. All the applications in these suits are taken together. Apart from the applications for injunction, there are applications under Order 13 Rule 2 CPC for taking certain documents on record. They are also being disposed of accordingly in these petitions.

2. Allianz Aktiengesellschaft Holding is a German company and the plaintiff in S. No. 1162/95, while the defendant in S. No. 393/95. Allianz Capital & Management Services Ltd. is the Indian company. These two companies in the two suits will be called for short 'the German company' and 'the Indian company' respectively.

3. According to the German company, it is incorporated in accordance with the law of Federal Republic of Germany and carrying on its business by itself or through its subsidiaries since 1989 and in operation of one of the world's largest investment, insurance and under writing business under the trading name and style ALLIANZ (word per se) and ALLIANZ with EAGLE DEVICE. It enjoys tremendous reputation and goodwill in the financial world and the insurance industry, in particular. Investment activities are an integral part of the business of insurance. The premia collected on insurance policies are invested keeping in view the safety, liquidity, high yield and good returns. Activities of the applicant's group in India date back to the year 1928 when it (Allianz Und Stuttgarter Lebensversi - cherungsbank- Aktiengesellschaft) established its subsidiary - "Allianz Und Stuttgarter Life Insurance Bank Limited (hereinafter referred to as "Allianz Life Insurance India") in India to carry on initially the business of life insurance and under writers having its Head Office at Chandni Chowk, PO Box No. 117, Delhi. Allianz Versicherungs-Aktiengellschaft started a company in Bombay (hereinafter referred to as "Allianz Insurance India") which offered fire, transport and motor vehicle third party liability insurance services to the public. Both these companies Allianz Life Insurance India and Allianz Insurance India subsequently expanded their business to cover certain investment services. Allianz Life Insurance India and Allianz Insurance India carried on their business through their head office in Delhi and Bombay respectively till the outbreak of the Second World War and for some time thereafter. Consequent upon the outbreak of the Second World War, the applicant's property in India was expropriated as enemy property and it had to withdraw itself from doing business in India. The applicant revived its contract and its activities a few years after the war ended which exists till date. Amongst other activities, the applicant trained employees of Indian insurance companies.

As part of the training process, the applicant deputed its employee, a Mr. Eberhard Splittgerber (an Engineer by profession) in Bombay. Mr. Splittgerber had his office at the head quarters of the New India Assurance Company. During his stay in India, Mr. Splittgerber advised the New India Assurance Company, inter alia, on matters concerning all-risks insurance business and information relating to direct insurance business. The responsibilities- of Mr. Splittgerber included translating the Applicant's forms and publication "Betriebsbilder" (industries in profile) into English, carrying out inspection and risk assessments during the testing period of the "Rourkela Steel Plant" and ascertaining quantum of losses at the Steel Plant which was insured jointly by the New India Assurance Company and the Applicant during its construction period. Thereafter, Mr. Splittgerber visited India on diverse other occasions to represent the Applicant's business in India. The German company also