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Mahanagar Telephone Nigam Limite ( Mtnl ... vs Mtnl Employees House Welfare Society on 13 April, 2021

Author: Jayant Nath

Bench: Jayant Nath

                          $~OS-14
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS(COMM) 170/2021

                                MAHANAGAR TELEPHONE
                                NIGAM LIMITE ( MTNL )                     ..... Plaintiff
                                              Through    Mr. Sumit Chander and Mr.Gurdeep
                                              Chauhan, Advs.

                                                     versus

                                MTNL EMPLOYEES HOUSE
                                WELFARE SOCIETY                                   ..... Defendant
                                             Through

                                CORAM:
                                HON'BLE MR. JUSTICE JAYANT NATH
                                             ORDER

% 13.04.2021 This hearing is conducted through video-conferencing. IANo.5283/2021(exemption) The application is allowed CS(COMM) 170/2021 Let the plaint be registered as a suit.

Issue summons to the defendant through speed post, courier and email, returnable for 23.08.2021.

1. This application is filed under Order 39 Rules 1 and 2 CPC seeking an ex parte injunction to restrain the defendant from any further usage of the trade mark/trade name in question, namely, 'MTNL' in any of their endeavours till the present suit is decided.

2. It is the case of the plaintiff that Mahanagar Telephone Nigam Limited (MTNL) is a Government of India undertaking and is a company registered under the Companies Act. It is stated that they are engaged in providing telecom services in the metropolitan cities of Delhi, NCR and Mumbai. The plaintiff started its operation in 1986. The plaintiff has been using the trade mark/trade name MTNL for providing telecom services to its customers since its inception.

3. It is stated that some of the ex-employees of the plaintiff have formed a MTNL Employees House Welfare society i.e. the defendant and got registered the same. In 2019, the plaintiff came to know that the defendant approached the employees of the plaintiff in the name of "MTNL Housing' to lure them into taking membership of the said Society and purchasing its flats. The plaintiff has sent a cease-and-desist notice to the defendant on various occasions. The defendant in their reply tried to represent that "MTNL" is short form of "Maa Tere Naney Lal". However, the defendant society is registered under the name of "MTNL Employees House Welfare society". It is pleaded that the plaintiff has also filed an application for pre- litigation mediation on 14.08.2020 but the defendant did not appear for the pre-litigation mediation.

4. The plaintiff has made out a prima facie case. The mark/word MTNL is closely associated with the plaintiff. The usage of the same by the defendant tentamounts to passing off themselves as a society working under or with the plaintiff or in some way connected with the plaintiff. For the time being, the defendant, etc. are restrained from publishing or carrying out or soliciting any contract/work under the name of MTNL or any similar form thereof whatsoever.

5. Issue notice to the defendant through speed post, courier and email, returnable for 23.08.2021.

6. The plaintiff to comply with Order 39 Rule 3 CPC within five days from today.

JAYANT NATH, J APRIL 13, 2021 rb Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:15.04.2021 11:49:34