India: Delhi High Court Denies Injunction In Koxan-Mardia Cross-Suit

Last Updated: 25 June 2009

Interim injunctions are granted upon the consideration of a prima facie case having been established, balance of convenience tilting in favour of the plaintiff and irreparable loss and injury being caused by the denial of an injunction. There have been cases where the Court has also considered the criteria of public interest to determine the grant of an injunction (as witnessed in the Single Judge's pronouncement in the Roche v. Cipla [C.S.OS 89/2008] litigation). The Delhi High Court, off late witnessed the case of M/s Koxan India v. Ramesh Mardia and Ors [IA 1941/2006 in CS(OS) 328/2006 and IA 738/2006 in CS(OS) 1352/2006] which involved the joint hearing of cross-suits filed between the parties. The Court herein found that neither parties had established a prima facie case and opined the issue to be a matter to be discussed in the trial.

The Court took up two applications filed to obtain an order of interim injunction under Order XXXIX Rules 1 & 2 read with Section 151 of the CPC in two suits which are in the nature of cross-suits. Vide an order by the Court to consolidate the two, the matters deliberate upon the use of the trademark "Mardia Cables" claiming exclusive ownership over them in respect of electrical cables, electrical wires and accessories. M/s Koxan India being the plaintiff in the first suit was opposed by Mr. Ramsey Mardia proprietor of Mardia Cables and plaintiff in the second suit. A dispute with respect to the copyright in the art work involved in the trademark /label was also contested in the suits.

The cross-suits were filed in order to prevent the opposite parties from exclusively using and claiming rights over the mark. According to M/s Koxan India, the trademark/label "Mardia Cables" was initially registered in the name of Ramesh Mardia trading as M/s Mardia Cables and no dispute with regard to this fact was raised. It was averred by Koxan India that Ramesh Mardia duly assigned the trademark "MARDIA CABLES" along with its registration and goodwill to Mr. Kamlesh Jain through a deed of assignment and duly recorded on a duly documented Form TM-23. This fact was also undisputed in the proceedings and the assignment notified in the Trademarks Journal.

Koxan India averred that Mr. Kamlesh Jain, who was carrying on business through his sole proprietorship concern under the name Kevin Mardia Cab Industries, had entered into a partnership with Mr. Mahaveer Jain, subsequent to which the name of the concern was altered to M/s Koxan India. On dissolution of the partnership, by virtue of a clause in the dissolution deed, Mr. Kamlesh Jain took over the entire business of the partnership concern, who on the date of dissolution executed a fresh partnership deed between Ms. Lalita Jain and himself. M/s Koxan India, submitted that they had filed a request on Form TM-24 to record the registered trademark in terms of the present partnership. A further request was also made to record the change in the name and address, which stood pending before the Registrar of Trademarks.

It was contended that after the assignment of the trademark/label, the same was used consistently in the course of trade and had resulted in valuable trade and goodwill being vested. M/s Koxan India and its partners stated that nobody other than them could be permitted to use or deal with the trademark /label. It was alleged that Mr. Ramesh Mardia trading through his sole proprietorship concern Mardia Cables had, on or about September-October, 2005, started using the trademark/label bearing the same artistic features as that used by M/s Koxan India, without the leave and licence from Koxan India and/or its partners. They alleged that by doing so, an act of infringement and passing off had been committed in addition to violation of their copyright in the said label. Ramesh Mardia however submitted that he had filed an application for registration of the trademark/label "MARDIA CABLES" in respect of electrical wires, cables and accessories in 1992 and that the application for registration was accepted in 2000 and was granted retrospectively. An additional application was filed for the registration of the mark as a word per se, which was also accepted and advertised in the Trademarks Journal and no opposition to the same was received, upon which it was registered. The marks were said to have been adopted since 1987, but put to extensive use only since 1992.

Ramesh Mardia averred that Mr. Kamlesh Jain had approached him through some common friends with the request that he was willing to manufacture wires and cables for and on behalf of him under the trademark "MARDIA". It was also averred that Mr. Kamlesh Jain had assured that the said products would be manufactured at a reasonable price in loose form. Assignment in respect of the trademark had been requested and that both parties had agreed to re-assign the trademark in case of a break-up in the arrangement between them.

The arrangement continued and Mr. Kamlesh Jain was exclusively manufacturing wires and cables, to which supplies were made by M/s Koxan India (then known as Kevin Mardia Cab Industries). This arrangement continued till February 2005, when, according to Mr. Ramesh Mardia, the dealers began complaining about substandard quality of material. Discussions were held with Mr. Kamlesh Jain, the quality of products did not improve and eventually the assignment was brought to an end. It was stated that after the termination of the arrangement between Mr. Ramesh Mardia and Mr. Kamlesh Jain, Shree Raj Ventech Power Cab Limited was appointed to manufacture products on behalf of Mr. Ramesh Mardia and Mardia Cables.

The validity of the deed of assignment/re-assignment was said to be the issue in the suit. According to Koxan India and Mr. Kamlesh Jain, the document was stated to be a fabricated one, since the date was left blank. The document was stated to refer to Mr. Kamlesh Jain as the sole proprietor of Kevin Mardia Cab Industries, while it was averred that the name had been changed from Kevin Mardia Cab Industries to Koxan India. Form TM-23 was said to be undated and merely referred to the month "May". The same was said to have been unsigned. Further it was averred that during the subsistence of the assignment, how did Mr. Ramesh Mardia apply for registration of the word mark "MARDIA CABLES" in December, 2002.

It was submitted on behalf of Mr. Ramesh Mardia that no injunction ought to have been granted in favour of Koxan India or Mr. Kamlesh Jain inasmuch as they had concealed the factum of the re-assignment. It was also submitted that the partnership deed had been manipulated and fabricated. The sequence of dates incorporated therein was also questioned.

It was pointed out that the deed of assignment was signed by Mr. Kamlesh Jain and was duly verified by a handwriting expert. The order passed by the Deputy Registrar of Trademarks was also verified, which recorded that reasonable opportunity had been given to Mr. Kamlesh Jain to appear and on his failure to do so, an ex parte order which was subsequently challenged and lay pending before the Intellectual Property Appellate Board passed. In this event, the counsel appearing for Mr. Ramesh Mardia / Mardia Cables stated that the registration presently being in favour of Mr. Ramesh Mardia entailed a remedy as an appeal under Section 91 of the Trade Marks Act, 1999.

Assimilating all the pleas that came forth, the Court summarized that neither party had been able to set up a clear prima facie case in its favour. The nature of the disputes was opined to indicate that the same could only be resolved after evidence is led in the course of trial and the plea of both parties to be granted an ad-interim injunction was denied.

© Lex Orbis 2009

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions