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1984 Supreme(Ori) 29

B.N.MISRA
E. M. I. RECORDS LTD. – Appellant
Versus
H. M. V. HOUSE – Respondent


Advocates Appeared:
L.RATH, M.S.HAQUE, P.N.SEVAK, T.Hafiz, U.K.MISHRA, Y.DAS

B. N. MISRA, J.

( 1 ) THIS appeal is directed against the order dt. 17-12-81 passed by the learned District Judge, Sundargarh dismissing the appellants' petition (or interim injunction in Misc. Case No. 31 of 1980 arising out of Title Suit No. 3 of 1980 pending in the court of the District Judge, Sundargarh.

( 2 ) THE plaintiffs are the appellants. Plaintiff No. 1 is a company registered in the United Kingdom and Monisha Lahari is the attorney of plaintiff No. 1. Plaintiff No. 2 is an Indian Company and the said Monisha Lahari is also the attorney of plaintiff No. 2. Their suit against the respondents, who are defendants in the court below, is for permanent injunction and damages in a combined action of infringement and passing off. The plaintiffs' case may be briefly noted. They are reputed manufacturers of inter alia apparatus, instruments and devices for recording, reproduction, transmission or receiption of sound, television apparatus, gramophone needles and parts and accessories thereof and their business and the goods manufactured by them enjoy excellent reputation all over the world including India. Plaintiff No. 1 is the registered proprietor in India of the trade mark--'



















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