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1980 Supreme(P&H) 343

D.S.TEWATIA
Himachal Pradesh Horticulture Produce Marketing And Processing corporation Ltd. , Simla – Appellant
Versus
Mohan Meakin Breweries Limited, Solan (Him Pra) – Respondent


Judgment

1. Messrs Mohan Meakin Breweries Limited plaintiff-respondent (hereinafter referred to as the plaintiff) sought against Himachal Pradesh Horticulture Produce Marketing and Processing Corporation Limited (hereinafter referred to as the defendant) Permanent injunction and rendition of accounts for infringement and passing off under Section 105/106 of the Trade and Merchandise Marks Act, 1958. It was averred in the plaint that apple juice manufactured by the defendant Corporation was sold under the impugned trade mark Golden Crown in Ludhiana and therefore, Ludhiana Courts had the jurisdiction to entertain and try the suit in question. The defendant Corporation challenged the jurisdiction of Ludhiana Court and the trial Court, therefore, framed the following preliminary issue for decision at the threshold:

"Whether this Court has jurisdiction to try this suit?".

2. The plaintiff examined Gurdip Singh and Kamlesh Kumar Dhamija as P.W., 1 and P.W. 2 respectively. Kamlesh Kumar Dhamija, who claimed himself to be the Assistant Manager of Trade Links, Ludhiana, stated that his company was the distributor of the goods manufactured by the plaintiff-company including apple juice under











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