G. M. PFAFF A. G.S vs SARTAJ ENGINEEEZING Co. LTD., LAHORE AND 3 Other — 1970 PLD 184

Citation: 1970 PLD 184

Court: Lahore High Court

Year: 1969

Decision Date: 1969-04-24

Parties: G. M. PFAFF A. G.S vs SARTAJ ENGINEEEZING Co. LTD., LAHORE AND 3 Other

Headnotes

Case cited as PLD 1970 Lahore 184

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain, Shamim Hussain Qadri Title: G. M. PFAFF A. G.S vs SARTAJ ENGINEEEZING Co. LTD., LAHORE AND 3 Other Case No.: First Appeal from the Order No. 3 of 1969, Date of Judgment:1969-04-24 Reported As: PLD 1970 Lahore 184 Result: H. JUDGMENT JUDGMENT MUSHTAQ HUSSAIN, J.-This is a first appeal against an order, passed by the learned District Judge, Lahore on 17th December 1968 whereby he discharged an ex parte temporary injunction issued by him earlier against the present respondents at the behest of the present appellant and accepting the prayer of the respondents stayed the suit, pending before him, under section 34 of the Arbitration Act. The plaintiff-appellant has fell; aggrieved and therefore filed this first appeal against order. 2. The facts of this case are that on 31st October 1966 Messrs G. M. Pfaff A. G., a public company, liability of whose members is limited, filed a suit under section 21 of the Trade Marks Act read with sections 54 and 55 of the Specific Relief Act. It was alleged in the plaint, inter alia, that defendant No. 3, Kayser-Sartaj Company Ltd., is a joint venture of the plaintiff-- company and Sartaj Industries Ltd. Defendant No. 4. The plaintiff came to know of the infringement of its trade mark "Pfaff" by the defendants who were advertising the sale of Pfaff Sewing Machines and inviting applications for appointment of Sub-agents. The plaintiff contended that these advertisements were…

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