SHYAM SEL AND POWER LIMITED vs SHYAM STEEL INDUSTRIES LIMITED

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 223

L. NAGESWARA RAO, B. R. GAVAI
SHYAM SEL AND POWER LIMITED – Appellant
Versus
SHYAM STEEL INDUSTRIES LIMITED – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Mukul Rohatgi, Sr. Adv. Mr. Shyam Divan, Sr. Adv Ms. Aparajita Singh, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Gaurav Mukerjee, Adv. Ms. Parul Shukla, Adv. Mr. Amol Dixit, Adv. Mr. Rudraman Bhattacharya, Adv. Mr. Sidharta Das, Adv. Mr. Sanjay Ginodia, Adv. Mr. Manoj Tiwari, Adv. Mr. Shuvashish Sengupta, Adv. Mr. Rishabh Parikh, Adv. Mr. Anirudh Bhatia, Adv. Ms. Ayushi Amod, Adv. Mr. E. C. Agrawala, AOR
For the Respondent(s): Mr Ranjit Kumar, Sr Adv Mr Neeraj Kishan Kaul, Sr Adv Mr N G Khaitan, Adv Mr Debanath Ghosh, Adv Mr Ajay Bhargava, Adv Ms Vanita Bhargava, Adv Mr Sayan Roychowdhary, Adv Mr Ayush Agarwal, Adv Ms Trishala Trivedi, Adv Ms Vaibhavi Pandey, Adv M/s. Khaitan & Co., AOR

JUDGMENT

B.R. Gavai, J.

1. Leave granted.

2. This appeal challenges the judgment and order passed by the Division Bench of the High Court of Calcutta dated 24th December 2019, arising out of the order passed by the learned Single Judge of the High Court dated 2nd April 2019, by which the learned Single Judge had granted time to the appellants-defendants to file affidavit-in-opposition and directed to post the matter after three weeks. By the said order, the learned Single Judge also directed the appellants-defendants to maintain weekly accounts of sale of the products covered by Class 6, which are sold under the mark ‘SHYAM’.

3. The facts in the present case are not much in dispute. The respondent-plaintiff had filed a suit against the appellants-defendants for infringement of trade mark and passing off. It is the case of the respondent-plaintiff that it has trade mark registration in respect of the word ‘SHYAM’ and diverse label marks wherein the word ‘SHYAM’ features prominently. Both the respondent-plaintiff and the appellants-defendants manufacture and sell, inter alia, Thermo-Mechanically treated bars (hereinafter referred to as “TMT bars”). It is the case of the respondent-plaint

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2022 Supreme(SC) 223

L. NAGESWARA RAO, B. R. GAVAISHYAM SEL AND POWER LIMITED – AppellantVersusSHYAM STEEL INDUSTRIES LIMITED – Respondent

L. NAGESWARA RAO, B. R. GAVAI
SHYAM SEL AND POWER LIMITED – Appellant
Versus
SHYAM STEEL INDUSTRIES LIMITED – Respondent