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Judgment
WE have heard the learned Advocate for the applicants/complainants. The grievance of the applicants/complainants is that the respondent Nos. 1 to 14 have been using, the names and logo of the applicants/complainants, on their sign boards, stationery and publicity material without the approval of the applicants/complainants and this trade practice attracts the provisions of Section 36A(i), (iv) and (v) of the MRTP Act, 1969 (hereinafter referred to as the Act). On the basis of the aforesaid complaint made by the applicants/complainants, an enquiry was instituted and a Notice of Enquiry dated 15.7.1997 was issued to all the respondents.
IT has been brought to our notice that during the pendency of the enquiry, all the respondents except respondent Nos. 1, 7 and 8 discontinued the aforesaid trade practice. IT has been stated that respondent Nos. 1, 7 and 8 neither entered appearance nor filed a reply to the Notice of Enquiry despite several opportunities given to them. IT has also been stated that respondent Nos. 1, 7 and 8 are still indulging in the aforesaid unfair trade practice, and therefore, a cease and desist order may be passed against them. IT has also been stated that their current addresses are not known but if a cease and desist order is passed, it would be served to them by the applicants/complainants. As the allegations of unfair trade practice within the meaning of Section 36A(i), (iv) and (v) of the Act by and on behalf of the respondent Nos. 1, 7 and 8 have remained uncontested, the charge of adoption of and indulgence in the aforesaid prohibited trade practice can be said to have been established against them, and accordingly, they are directed to discontinue the aforesaid trade practice and also give an undertaking that they shall not repeat the same and similar trade practice in future. They are also directed to file their affidavits by way of compliance within six weeks from the date of receipt of this order. Application disposed of.