Panchkula Court retains Shimla Mandi Goods Transport Co. Pvt. ltd. To operate

Court of Ld. The Panchkula District Judge, while allowing an application filed by Jitender Gupta, owner M/s Simla Mandi Goods Transport Co., upheld an identical and misleading concern, namely 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, resellers, distributors, retailers, representative agents and assignees, etc. to operate.

The court also barred the directors of Shimla Mandi Goods Transport Pvt. ltd. to use the Shimla Mandi Goods Transport Co. trade name/trademark or any of its logos, devices, trade styles, etc. while waiting for a lawsuit to pass the trade name.

Sanjay Gupta, brother-in-law of Jitender Gupta deliberately set up a new business in September 2021 to earn illegally using the brand name “Shimla Mandi Goods Transport” which was used by Jitender Gupta and his deceased brother since the year 1984 The Court held that the subsequent use of an identical and misleading trade name by the directors of Shimla Mandi Goods Transport Pvt. ltd. is most likely to cause irreparable loss to Jitender Gupta.

M/s Simla Mandi Goods Transport Co. was represented by Tejveer Singh Bhatia, Partner, Singh & Singh Law Firm LLP, New Delhi

The Court, while making the order, held that the plaintiff-Jitender Gupta had the right to protect the goodwill of his decades-old business from invasion by a third party/stranger i.e. Sanjay Gupta and his son Ankit Gupta, even though the company is dissolved. The above-mentioned order was passed by the Court of Ld. District Judge, Panchkula after the dismissal of the maintainability claim of a deceit lawsuit filed by Shimla Mandi Goods Transport Pvt. Ltd. void of 06.12.2021, which was confirmed by the Hon’ble High court of Punjab & Haryana void of 31.05.2022.

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