1. This is a suit for infringement and passing off. The application has been
filed under Order VIII Rule 10 of the Code of Civil Procedure.
2. Despite repeated service, the respondent remains unrepresented.
3. Though the respondent appeared at the interlocutory stage, the
respondent has neither entered appearance in the Suit nor filed any
Written Statement.
4. The petitioner is engaged in the business of manufacture and sale of rice
and similar products. It is alleged that since year 1998, the petitioner
had adopted a label mark “SWASTIK”. The products of the petitioner are
being sold under the package containing the label “SWASTIK”
continuously and uninterruptedly since 1998. The petitioner also boasts
of extensive sales in respect of the said product bearing the mark
2026:CHC-OS:62
“SWASTIK”.
