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2022 Supreme(P&H) 879

ALKA SARIN
M/s Shimla Mandi Goods Transport Private Limited – Appellant
Versus
Jitender Gupta, Proprietor M/s Simla Mandi Goods Transport Company – Respondent


Advocates:
Mr. Sanjeev Sharma, Sr. Advocate with Mr. Sandeep Singh, Advocate, for the Appellant; Mr. Chetan Mittal, Sr. Advocate with Mr. Harsh Bunger, Advocate, for the Respondent.

JUDGMENT

Alka Sarin, J. - The present civil revision has been preferred by the defendant- petitioners impugning the order dated 06.12.2021 (Annexure P-7) passed by the District Judge, Panchkula whereby the application filed by them under Order VII Rule 11(d) read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff- respondent filed a civil suit for injunction for restraining the defendant- petitioners from passing off, infringement of trademark, infringement of copyright, acts of unfair competition, dilution, rendition of accounts, damages, etc. The plaintiff-respondent claims himself to be the proprietor of M/s Simla Mandi Goods Transport Company which is engaged in transportation services. It was alleged that that defendant-petitioner Nos.2 and 3 had started a new company under the name and style of "Shimla Mandi Goods Transport Pvt. Ltd." (defendant-petitioner No.1) and had started a new business under an identical name to that of the transport firm of the plaintiff-respondent under a nearly identical, deceptively similar trade mark as that of the plaintif

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