Chandigarh
8 September 2022
DIVYA AZAD
Court of Ld. District Judge, Panchkula while allowing an application filed by Jitender Gupta, proprietor M/s Simla Mandi Goods Transport Co., Sector 26, Chandigarh restrained identical & deceptively sounding concern i.e., Shimla Mandi Goods Transport Pvt. Ltd. registered at H.No. 115, Sector 9, Panchkula (Haryana), its directors Sanjay Gupta & Ankit Gupta, their C&F agents, dealers, distributors, retailers, representative agents & assignees etc. to operate.
The Court also restrained the directors of Shimla Mandi Goods Transport Pvt. Ltd. from using the trade name/mark Shimla Mandi Goods Transport Co. or any of its logo, device, trading style etc. during the pendency of suit for passing off trade name.
Sanjay Gupta who is brother-in-law of Jitender Gupta deliberately started a new company in the September 2021 to gain unlawfully by using brand name “Shimla Mandi Goods Transport”, which was being used by Jitender Gupta & his deceased brother since the year 1984. The Court held that further usage of identical & deceptive trade name by directors of Shimla Mandi Goods Transport Pvt. Ltd. is most likely to cause irreparable loss to Jitender Gupta.
The Court while passing the order held that plaintiff-Jitender Gupta has right to protect the goodwill of his decades old firm against invasion by third party/stranger i.e., Sanjay Gupta & his son Ankit Gupta even if the firm stands dissolved. Above mentioned order has been passed by Court of Ld. District Judge, Panchkula after the dismissal of application for maintainability of suit for passing off filed by Shimla Mandi Goods Transport Pvt. Ltd. vide order dated 06.12.2021, which was upheld by the Hon’ble High court of Punjab & Haryana vide order dated 31.05.2022.
M/s Shimla Mandi Goods Transport Co. was represented by Tejveer Singh Bhatia, Partner, Singh & Singh Law Firm LLP, New Delhi.
