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2023 Supreme(Del) 103

C. HARI SHANKAR
Jindal Stainless (Hisar) Ltd. – Appellant
Versus
Suncity Sheets Private Limited – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Rajshekhar Rao, Sr. Adv. with Mr. Sarad Kumar S., Mr. Rohan Dua and Ms. Kanchal Zikmani.
For the Defendants : Mr. J. Sai Deepak, Mr. Abhishek A., Mr. Manish Rastogi and Mr. Kishore Kunal.

JUDGMENT :

I.A. 5027/2022

1. This judgment disposes of the present application, under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC), filed by Jindal Industries Pvt. Ltd. (JIPL) seeking to be impleaded as Plaintiff 2 in the present suit in which, as of now, Jindal Stainless (Hisar) Ltd. (occasionally referred to, hereinafter, as “JSHL”) is the sole plaintiff.

2. I have heard Mr. Rajshekhar Rao, learned Senior Counsel for the plaintiff and Mr. J. Sai Deepak, learned Counsel for the defendants, at length on the application.

The plaint

3. The plaintiff alleges that the mark of the defendants infringes the and trade marks, in which the plaintiff holds valid and subsisting registrations in various classes.

4. The impugned mark of the defendants is clearly not identical to the registered trade marks of the plaintiff. The plaint, however, alleges that the very use of the word “JINDAL”, by the defendants, infringes each of the plaintiff’s registered trade marks. The plaint further alleges that the defendants are seeking, by use of their mark, to pass off their products as the products of the plaintiffs. Predicated on these allegations, the plaint seeks a decree of permanent injun

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