Supreme Court of India · 1996-11-18
BENGAL WATERPROOF vs BOMBAY WATERPROOF MNFG.CO.,HYD.
- Citation / case number
- SC 1992/84676
- Court
- Supreme Court of India
- Petitioner
- BENGAL WATERPROOF
- Respondent
- BOMBAY WATERPROOF MNFG.CO.,HYD.
- Author
- S.B. MAJMUDAR A.S. ANAND
- Bench
- S.B. MAJMUDAR A.S. ANAND
Judgment text excerpt
The Supreme Court addressed whether the suit filed by the appellant was barred under Order 2 Rule 2(3) of the Code of Civil Procedure, 1908. The Court held that the plaintiff's claim of passing off against the defendants was valid, but the suit was dismissed as it was found to be barred by the aforementioned provision. The Court confirmed the High Court's decision, which upheld the dismissal of the suit despite recognizing the merits of the plaintiff's case.