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Shri Shakambari v/s Royal Food Products


Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- I K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1991PTC051852

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- ROYAL PRODUCTS INDIA PRIVATE LIMITED [Strike Off] CIN = U27203DL2007PTC159664

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    Civil Misc. Appeal No. 4616 of 2008

    Decided On, 29 February 2012

    At, High Court of Rajasthan

    By, THE HONOURABLE MS. JUSTICE BELA M. TRIVEDI

    For the Appellant: G.D. Bansal for Manu Bhargava, Advocates. For the Respondent: Amit Jindal for S.K.Bindal, Advocates.



Judgment Text

The present appeal has been filed under Order 43 Rule 1(r) of Civil Procedure Code against the order dated 13.8.08 passed by the Addl. District Judge No. 4, Jaipur City, Jaipur (hereinafter referred to as' the trial court') in Civil Misc. Application No. 3/08, whereby the trial court has rejected the application of temporary injunction filed by the appellant-plaintiff.

2. As per the case of the appellant-plaintiff, the appellant was manufacturing and marketing the flour (Aata) under the trade mark "Shri Shakambari" since 28.2.05 and that his trade mark was well known, however the respondent-defendant was deceptively using the similar trade mark "Maa Shakambari" and was passing the goods as that of the appellant's goods. The appellant-plaintiff therefore, filed the suit against the respondent-defendant under Section 27(2) read with Section 134 of the Trade Mark Act, 1999 seeking damages and rendition of accounts and also for passing of action. The appellant also filed an application seeking temporary injunction restraining the respondent from using the trade mark "Maa Shakambari" of deceptively similar trade mark during the pendency of the suit. The trial court dismissed the said application vide the impugned order dated 13.8.08 against which the present appeal has been filed.

3. At the outset, it may be stated that though the impugned order is of dated 13.8.08, no attempt appears to have been made by the appellant to get the appeal heard for admission and the same has remained pending at the admission stage since last 4 years without any substantive hearing. The appellant having not been granted any injunction in its favour by the trial court and there is also no order passed by this court for any interim relief for about four years, , the present appeal deserves to be dismissed on that ground alone.

4. It was sought to be submitted by the learned counsel for the appellant that the appellant is using the trade mark "Shri Shakambari" since 28.2.05, whereas according to the learned counsel for the respondent, the trade "Maa Shakambari" was assigned to the respondent by one M/s. Nathu Lal Damodar Prasad vide the assignment deed dated 7.7.06 and that the said M/s. Nathu Lal Damodar Prasad was using the said trade mark since 1989 and therefore, the respondent was the lawful proprieter of the said trade mark Maa Shakambari since 1989.

5. Having regard to the submissions made by the learned counsels for the parties, it transpires that it is a matter of evidence to be led by both the parties as to who was the prior user of the trade marks in question and as to whether the assignment in favour of the respondent was genuine or not. The trial court therefore,

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has rightly dismissed the application of the appellant-plaintiff seeking temporary injunction. 6. There being no illegality or infirmity in the impugned order passed by the trial court, the present appeal deserves to be dismissed and is accordingly dismissed. Appeal dismissed.
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