Dhariwal Industries Ltd. & Anr vs M/S M.S.S. Food Products on 25 February, 2005
13. The decision in the case of Dhariwal Industries (supra), arose out of a Suit for infringement/passing of and while considering the facts of the said case, the Hon'ble Supreme Court took note of the fact relating to prior user of the trademark which was based on the documents exhibited before the Trial Court and the Hon'ble Supreme Court affirmed the view taken by the High Court that there cannot be a wholesale condamation of the documents produced by the plaintiff as forged. In our view the observations made by the Hon'ble Supreme Court are relatable to the facts of the said case and the documents which were exhibited before the trial Court which are deed of assignment, affidavit etc. Thus, the decision of the Hon'ble Supreme Court is clearly distinguishable on facts.