Supreme Court - Daily Orders
Assam Roofing Limited vs Jsb Cement Llp on 20 April, 2018
Bench: Ranjan Gogoi, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).4230-4231 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL)
NO(S).21675-21676 OF 2017]
ASSAM ROOFING LIMITED & ANR. ...APPELLANT(S)
VERSUS
JSB CEMENT LLP & ANR. ...RESPONDENT(S)
ORDER
1. Leave granted.
2. We have heard the learned counsels for the parties. We have taken into account the fact that the trade mark “Rhino” of the appellants was registered way back in the year 1977 in class 6 and
19. Whereas the trade mark/brand “Best” was used by the respondent(s) till the year 2015 whereafter they started using the mark “Rhino” which is not even registered.
3. In these circumstances we are of the view that the High Court was not correct in reversing the order of injunction granted by the learned Signature Not Verified trial Court. We, therefore, interfere with the Digitally signed by VINOD LAKHINA Date: 2018.04.23 order of the High Court and restore that of the 17:18:10 IST Reason:
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learned trial Court. We further direct that the suit may now proceed in accordance with law and be decided as expeditiously as possible. However, to enable the respondent(s) to remove its goods without any difficulty we direct that the order of the learned trial Court granting injunction will come into operation on the expiry of period of one month from today.
4. The appeals consequently are allowed in the above terms.
....................,J.
(RANJAN GOGOI) ...................,J.
(R. BANUMATHI)
NEW DELHI
APRIL 20, 2018
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ITEM NO.54 COURT NO.3 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 21675-
21676/2017
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 18-05-2017 IN APO NO. 211/2017 AND OCO NO. 4/2017 AND PASSED BY THE HIGH COURT AT CALCUTTA) ASSAM ROOFING LIMITED & ANR. PETITIONER(S) VERSUS JSB CEMENT LLP & ANR. RESPONDENT(S) [FINAL DISPOSAL] Date : 20-04-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Abhishek Manu Sighvi, Sr. Adv.
Mr. K.V. Vishwanathan, Sr. Adv. Mr. Abhinav Mukerji, AOR Mr. Arunabha Deb, Adv.
Mr. Akshay Chandna, Adv.
Mr. Raghav Shankar, Adv.
For Respondent(s) Mr. Shubhashis R. Soren, Adv.
Mr. Bhakti Vardhan Singh, AOR Mr. Tushar Thareja, Adv.
Mr. Amit Kumar Pathak, Adv.
Mr. Vikas Singh Jangra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]