IN THE HONBLE COURT OF DISTRICT PRINCIPAL

SESSION JUDGE AT MEHSANA

SPECIAL CIVIL SUIT NO. Of 2014

M/s. Shree Umiya Gruh Udyog,

Kada Darvaja, Vachali Sheri,
Taluka Visnagar, Dist. Mehsana
Through its Proprietor
Mr. Sunil Kumar Patel

.Plaintiff

Versus

Jitendra Kumar Vitthalbhai Patel

Trading as M/s. Pooja Traders,
Opp. Gunj Bazar, Karmukh Vakhar
Visnagar (N.G.) Gujarat

...Defendant

WRITTEN STATEMENT
TO THE PLAINT AS WELL AS
COUNTER CLAIM UNDER
ORDER 8 RULE 6A OF CPC

1. That The Mr. Jitendra Kumar Vitthalbhai Patel, trading as M/s. Pooja
Traders, Opp. Gunj Bazar, Karmukh Vakhar, Visnagar (N.G.) Gujarat
(hereinafter referred to as The Defendant) hereby submits its written
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statement to the plaint as well as counter claim under Order 8 Rule 6A of

CPC against the plaint of M/s Shree Umiya Gruh Udyog, Kada Darvaja,
Vachali Sheri, Taluka Visnagar, Disst. Mehsana , Gujarat, through its
Proprietor Mr. Sunil Kumar Natwarlal Patel (hereinafter referred as The
Plaintiff)
2. That It is most humbly and respectfully submitted that Mr, Jitendra Kumar
Vitthalbhai Patel who is conversant with the facts and circumstances of
the case, has been duly authorized to file and institute present written
statement and counter claim to prosecute the same on behalf of and in the
name of the Defendant.
3. That the Defendant is a reputed manufacture, promoter, distributor and
seller of good quality of Parcel Masala (packat containing betal nut, lime
and tobacco),manufactured and sold under the well known and distinctive
trademark/tradename POOJA PARCEL MASALA
4. That the Defendant to get statutory protection under the Trade Mark Act,
1999, Defendant has applied for the registration of trademark/tradename
POOJA PARCEL MASALA in respect of their aforementioned goods
include in Class-34 registration before The Registrar of Trade Marks,
Trade Marks Registry, Ahmedabad. A copy of Form TM-1 filled by the
defendants with Trade Marks Registry, Ahmedabad along with the receipt
issued by The Trade Marks Registry is annexed herewith and Marked as
ANNEXURE- A COLLY
5. That the Defendant and their goods/products have since 2013 been sold
under the trademark/trade name POOJA PARCEL MASALA, which has
become extremely well known virtually synonymous with the goods and

business of the Defendant. Since its inception, the mark POOJA PARCEL
MASALA has been acknowledged as leading tobacco brand due to the
Defendant high quality & supreme taste.
6. That it is submitted by the Defendant that the huge recognition earned by
the Defendants trademark/tradename POOJA PARCEL MASALA is a
reflection of the unsurpassable reputation and goodwill amassed by the
Defendant by virtue of long, continuous and prior use of the mark POOJA
PARCEL MASALA in respect of high quality and supreme taste.
7. That the Defendant consistent efforts of improving the quality and taste
coupled

with

association

in

the

mind

of

consumers

of

the

trademark/tradename POOJA PARCEL MASALA has resulted in

extensive sales accruing to the Defendant for its goods under the
trademark/tradename POOJA PARCEL MASALA, which is escalating
each year. Copies of month wise Sale Invoices, Purchase Invoices,
Balance Sheets for the year 01.04.2013 to 07.03.2014, copy of
registration certificate issued by Food Safety and Standards Authority of
India alongwith a covering letter dated 05.12.2013 being issued by the
designated officer, Food and Drug Department, Mehsana Circle,
Mehsana, copy of Gumastadhara License issued by the Visnagar Seva
Sadan, certificate of Registration under the Gujarat Value Added tax Act,
2003, challan evidencing payment of Tax, copy of the registration
Certificate issued by Professional tax Department are collectively annexed
herewith and marked as ANNEXURE-B COOLLY
8. That it is further submitted by the Defendant that the Plaintiff is believed to
be engaged in the business of selling of Packed Tobacco i.e. Parcel
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Masala having a similar packaging consisting of confusing similar

trademark/tradename

SHREE PUNJA as to mislead and convey the

consumer of the Defendant herein.

9. That the Plaintiff is believed

to

be

infringement

of

the

trademark/tradename of the Defendant POOJA PARCEL MASALA and

have malafide intention to ride upon the huge goodwill and reputation of
the Defendant by adopting and using the trademark SHREE PUNJA.
However, as an evidence demonstrating infringement of the Defendants
trademark by the Plaintiff, Defendant are enclosing printed pouches with
deceptive similar trademark SHREE PUNJA belonging to the Plaintiff
which the used in regular course of business for packing and selling their
goods, the same is annexed herewith and marked as ANNEXURE-C for
ready reference and kind perusal. On perusing the same, this Honble
Court may kindly observe and appreciate that the Plaintiff are infringing
trademark belonging to the Defendant by using deceptively similar
trademark on the packing material which are used for packing and selling
the goods belonging to the Plaintiff for the sake of comparison, the
Defendant are also annexing their printed pouches containing their
trademark POOJA PARCEL MASALA. The said printed pouch belonging
to the Defendant is annexed herewith and marked as ANNEXURE-D
10. That it is further submitted that as soon as the Defendant reveled and
come to know about the Plaintiff trademark/tradename SHREE PUNJA it
contacted to the Plaintiff and issued a legal notice dated 03.042014 which
was served upon the Plaintiff by the Advocate of the Defendant for

infringement of copyright and Trademark/tradename POOJA PARCEL

MASLA of the Defendant by the Plaintiff and for the immediate cease and
stop further use of the Trademark/Tradename of The Defendant and
calming a sum of Rs. 5,00,000/- (Five Lakh Rupee Only) as a
compensation for damages for passing off the trademark/tradename of the
Defendant. A copy of said legal notice is annexed here and mark as
ANNEXURE- E
11. That it is submitted that instead of accepting the negligence and stopping
any further infringement the Plaintiff vide a legal notice dated 10.04.2014
submit their reply to the legal notice served by the Defendant and denied
the infringement and passing of trademark/trade name of the Defendant
and claiming themselves as prior user of the use of trademark/tradename
of SHREE PUNJA which is not true and putting wrong allegation upon
the Defendants for the infringement of their trademark and claiming
unlawfully a sum of Rs. 50,000/- (Fifty Thousand Rupee Only) towards the
legal charges and give a threat to filling of civil suit for non compliance of
their illegal notice. A copy of reply to legal notice is annexed herewith and
mark as ANNEXURE- F
12. That it is submitted that the Plaintiff has filed a Special Civil Suit for
Injunction & Compensation before this Honble Court against the
Defendant for permanent injunction
13. That it is further submitted that the Defendants also seek to set up the
following counter claim against the claim of the Plaintiffs in their written
statement which are as under:

a. That the Defendant is a reputed manufacture, promoter, distributor and

seller of good quality of Parcel Masala (packat containing betal nut,
lime and tobacco),manufactured and sold under the well known and
distinctive trademark/tradename POOJA PARCEL MASALA adopted
the said trademark after getting the permission from the concern
authority.
b. That the Defendant sold his goods all over the country and acquired
good reputation and goodwill in market and the trademark/tradename
POOJA PARCEL MASALA is distinctive and has capacity to
distinguish the goods of the Defendant, it is further claimed by the
Defendant by this counter claim that the Defendant is continuous,
exclusive, prior user and bonafide user of the trademark POOJA
PARCEL MASALA in respect of aforementioned goods since 2013
which is well knowledge of the Plaintiff and general public at large.
Copies of month wise Sale Invoices, Purchase Invoices, Balance
sheets for the financial year 2013-14 etc. as an evidence
demonstrating of the Defendant is prior user of the trademark POOJA
PARCEL MASALA is already annexed here and marked as
ANNEXURE- B already for your kind reference
c. That the trademark/trade name POOJA PARCEL MASLA has been
identified by the public and customer at large and the Defendant has
spent a huge amount of money for advertisement of their goods in
newspapers, magazines, literature and publication, printing literature,
packing materials etc and also issued gifts in various forms and put

their laborious efforts to popular the trademark lable/tradename

POOJA PARCEL MASALA and due to such painstaking efforts of the
Defendants the trademark/trade name POOJA PARCEL MASALA
has acquired goodwill and good market reputation in this competitive
market. Therefore in short the trademark label/tradename POOJA
PARCEL MASALA of the Defendant is well-known mark as per the
definition of a well-known mark in Trade Mark Act, 1999.
d. That it is further claimed by the Defendant by this counter claim that
use of the illegal and copied trademark/tradename SHREE PUNJA is
the infringement of the trademark/tradename of the Defendant and
which is not allowed and it amount to passing of trademark/tradename
of the Defendant by the Plaintiff.
e. That it is further claimed by the Defendant that the originality of the
trademark/tradename POOJA PARCEL MASALA of the Defendant
cannot be allowed and to be copied by any person and therefore by
mere drooping of a word and replacing it by another word cannot make
the Plaintiff trademark SHREE PUNJA original but it amount to
copying and piracy of the Defendant intellectual property right by the
Plaintiff.
f. That due

to

the

infringement

and

passing

off

of

the

trademark/tradename POOJA PARCEL MASALA of the Defendant by

the Plaintiff by mere replacing it with the trademark/tradename
SHREE PUNJA creating confusion in the mind of general public at
large and due to the said illegal activity a great loss, injury and damage
cause to the Defendant in respect of business reputation and goodwill.
7

g. That due to the such dishonest and illegal action of the Plaintiff by
adopting illegal trademark/tradename SHREE PUNJA, amount not
only to copying but tent amounts to piracy also, and it clearly discloses
the malafide intention to harm the Defendants and infringe the
intellectual property right of the Defendant.
h. That it is further claimed that this kind of illegal action of the Plaintiff by
changing the defendant invented and coined word for the purpose of
making illicit profit and earn reputation by deceitful efforts of the
Plaintiff and by copying the reputed and popularly built mark of the
Defendant, the Plaintiff themselves rendered liable to compensate to
the Defendant for the damage accrued to the Defendant
i. That the Defendants respectfully submit that in case this Honble Court
comes to the conclusion that the Plaintiffs has committed illegal act of
infringement and passing of trademark/trade name POOJA PARCEL
MASALA than the Defendant is entitled to the compensation of Rs.
./- for damages accrued to

the Defendants for the illegal and

malafide intention of the Plaintiffs.

j. That the counter-claim is valued at Rs./- for the purpose of
Court fee and jurisdiction and accordingly, an ad-varlorem court fee of
Rs./- has been affixed
k. That the cause of action arose to the Defendants against the plaintiff
on receipt of summons of the suit, when they had notice of suit for
Injunction & Compensation was filed by the Plaintiff, hence the
counter-claim is being filed within time.
l. That the Plaintiff have been residing at Visnagar Taluka, Mehsana
District hence this Honble Court has jurisdiction to entertain the
8

counter claim by virtue of Order 8 Rule 6A of the Code of Civil

Procedure, 1908.
It is, therefore, respectfully prayed that this Honble Court may be pleased to pass a
decree in favour of the Defendant and against the plaintiff with cost, by way of counterclaim, thereby:
(i)

Pass an order for grant of compensation of Rs. ../- (Rupee

only),for the damage accrued to the Defendants due to the illegal act of
infringement and passing off of the trademark/tradename of the Defendant by

(ii)

the Plaintiff.
Pass an order for permanent injunction restraining the Plaintiff, their proprietor
or partner, as the case may be, their principle officers, servants, agents and
all other acting for on their behalf from manufacturing, selling, offering for
sale, advertising and directly or indirectly dealing in any tobacco products and
any cognate or allied goods using the identical/similar trademark SHREE
PUNJA for its product or trade name for its business or any mark/name
which is deceptively similar to the Defendants trademark/tradename POOJA
PARCEL

(iii)

MASALA

amounting

to

infringement

of

Defendant

trademark/tradename.
Pass an order for immediately destroy all goods, promotional material,
advertisements, letter neads, catalogues, signs, labels and all other thing in
the possession, custody, control which are intended to sold, promote or
otherwise distributed anywhere and or otherwise bear or contain the Trade
Mark under title SHREE PUNJA MASALA PARCEL or colorable imitation by
the Plaintiff
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(iv)

Any further other appropriate orders, as this Honble court deems fit and
proper, be passed in favour of the Defendant against the Plaintiff by way of
counter claim.
Date:
Place
I,

.
Defendant

VERIFICATION
________________________________

S/o.

________________,

authorized herein above do hereby state that what is stated above is true to
the best of my knowledge, information and belief, and I believe the same to
be true.

Place: Ahmedabad
Date

Devashish K. Trivedi
(ADVOCATE FOR THE DEFENDANTS)

IN THE HONBLE COURT OF DISTRICT PRINCIPAL

SESSION JUDGE AT MEHSANA
SPECIAL CIVIL SUIT NO. Of 2014

M/s. Shree Umiya Gruh Udyog,

10

Kada Darvaja, Vachali Sheri,

Taluka Visnagar, Dist. Mehsana
Through its Proprietor
Mr. Sunil Kumar Patel

,.Plaintiff

Versus

Jitendra Kumar Vitthalbhai Patel

Trading as M/s. Pooja Traders,
Opp. Gunj Bazar, Karmukh Vakhar
Visnagar (N.G.) Gujarat

...Defendant

List off Documents

Sr.

Particulars

Annexure

No.
1

Copy of Form TM-1 for the mark POOJA

A Colly

PARCEL MASALA along with the receipt

2

issued by the Trade Mark Registry.

Copies of month wise Sale invoices.
Purchase Invoices
Balance Sheet for the year 01.04.2013 to
07.03.2014
Copy of registration certificate issued by
the Food Safety and Standards Authority
of India alongwith a covering letter dated
05.12.2013 being issued by the
designated officer, Food & Drug
Department, Mehsana Circle, Mehsana
11

B Colly

Page No.

Copy of Gumastadhara License issued by

the Visnagar seva Sadan, Certifivcate of
Registration under the Gujarat Value
Added Tax Act, 2003
Challan evidencing payment of Tax
Copy of the Registration Certificate issued
3.
4.

by the Professional Tax Department

Printed pouch belonging to the Plaintiff
Printed pouch belonging to the

C
D

5.

Defendants
Copy of the legal Notice dated 03.04.2014

6.

served by the Defendant to Plaintiff

Copy of the subsequent reply dated

10.04.2014 by the Plaintiff to the

Defendant

___________________________
Place: Ahmedabad
Date

Devashish K. Trivedi
(ADVOCATE FOR THE DEFENDANTS)

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