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2009 Supreme(J&K) 411

MUZAFFAR HUSSAIN ATTAR
Khursid Ahmed Bhat – Appellant
Versus
Haji Bashir Ahmed Bhat – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: M.A. Rathore

1. Respondent instituted civil original suit against appellants in the court of learned Principal District Judge Srinagar in which the following reliefs are claimed:-

"a. A decree for rendition of comprehensive and all accounts for the profits made by the defendants infringing the plaintiffs `Registered Trade Marks stated and submitted above.

b. A decree for delivering (delivery-up) of the infringing tools, instruments, labels, material, seals, marks etc used during and in the course of infringing the plaintiffs `Registered Trade Mark.

c. A decree of perpetual injunction restraining the defendants perpetually from infringing the plaintiffs "Registered Trade Marks by any manner or method.

d. Any other relief which this Honble Court deems fit and proper in the facts and circumstances of the case be also passed in favour of the plaintiff and against the defendants."

2. Respondent claimed to be proprietor of the small scale unit namely M/s Haji Bashir Ahmad Bhat and Sons dealing in manufacturing, processing, packing and sale of Tobacco and allied products (Naswar), with its head office located at Jamalata Srinagar. The respondent claimed that the said SSI Unit is registered with various aut

















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