AIR 1986 DELHI 181 ::(1985) ILR(Del) 2 DEL 416 ::(1985) ILR 2 DEL 416 ::(1986) 1 ComLJ 211 ::(1986) 11 Com NR 516 ::ILR (1985) 2 Delhi 416

Delhi High Court

Hon'ble Judge(s): D. P. Wadhwa , J

(A) Civil P.C. (5 of 1908) , O.9 R.1, O.9 R.2— Injunction restraining use of particular name in carrying on business - Civil Court has jurisdiction to grant relief. Companies Act (1 of 1956) , S.20, S.22— A suit was filed by Plaintiff praying for a decree of permanent injunction restraining the defendants from using, trading or carrying on business under the name and style of 'M/s. Khosla Extraktions Limited' and/or making public issue under this name. With this suit the plaintiff filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure, praying that during the pendency of the suit, the defendants be similarly restrained from using, trading and carrying on business and from entering the capital market and making public issue under the name M/s. Khosla Extraktions Ltd. Held that the plaintiff had leased its cause of action on passing off of the name of defendant firm as that of the plaintiff and the Civil Court had jurisdiction in the suit. The jurisdiction of the Central Government under Ss.20 and 22 of the Act and the jurisdiction of the Civil Court operate in two different fields. Further the Central Govt. has to act within the guidelines laid down under S.20 of the Act, while there are no such limitations on the exercise of jurisdiction by the Civil Court.(Para 31) ....