Case Summary
M/s. Kerala Roll Ball Association filed a suit against Shaji E.H and others seeking a permanent prohibitory injunction to prevent them from conducting championships and using the name 'Kerala'. The plaintiff claims exclusive rights to conduct roll ball championships in Kerala.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against conducting championships and using the name 'Kerala'.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff is an organization recognized by the relevant authorities for conducting roll ball championships in Kerala.
The plaintiff is an organization recognized by the relevant authorities for conducting roll ball championships in Kerala.
Judgment Evidence:
I.A decree of permanent prohibitory injunction is passed restraining the first and second defendants from conducting roll ball championships at the state and district level, in the state of Kerala.
Parties Involved
Plaintiffs
M/s. Kerala Roll Ball Association (Age not specified years)
T.C No. 20/1489, Sasthri Nagar, W-35, Karamana P.O, Thiruvananthapuram – 695 002
Defendants
Shaji E.H (50 years)
Edakarayathu House, Santhipuram Road, Palarivattom P.O, Ernakulam district- 682 025
Roll Ball Association (Age not specified years)
Oorath House, Erumeli Kara, Kumarapuram P.O, Ernakulam – 683 565
Kerala State Sports Council (Age not specified years)
Behind government Secretariat, YMCA Road, Statue, Thiruvananthapuram – 695 001
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the first and second defendants from conducting roll ball championships at the state and district level.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the first and second defendants from conducting roll ball championships at the state and district level, in the state of Kerala.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the first and second defendants from using the name 'KERALA'.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the the first and second defendants from using the name ‘KERALA’, along with the name of the second defendant.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the first and second defendants from using names similar to or having the same meaning as that of the plaintiff.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the first and second defendants from using names similar to or having the same meaning as that of the name of the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to costs of suit from the first and second defendants.
Evidence:
The plaintiffs are also entitled to the costs of suit from the first and second defendants.
Documents & Evidence
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the registration of the plaintiff association.
Reference:
Ext.A1
Document Type:
Proceedings from Kerala State Sports Council
Submitted By:
Plaintiff
Relevance:
Demonstrates the latest recognition of the plaintiff by the Kerala State Sports Council.
Reference:
Ext.A2
Document Type:
Letter of Affiliation
Submitted By:
Plaintiff
Relevance:
Shows the affiliation of the plaintiff with the Roll Ball Federation of India.
Reference:
Ext.A3
Document Type:
I.D Card
Submitted By:
Plaintiff
Relevance:
Serves as proof of the plaintiff's membership in the federation.
Reference:
Ext.A4
Document Type:
PAN Card
Submitted By:
Plaintiff
Relevance:
Establishes the tax identification of the plaintiff.
Reference:
Ext.A5
Document Type:
Proceedings of the Association
Submitted By:
Plaintiff
Relevance:
Details the proceedings of the Kerala Roll Ball Association.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Serves as formal communication regarding the issues at hand.
Reference:
Ext.A7
Document Type:
Web Page Print Out
Submitted By:
Plaintiff
Relevance:
Provides additional proof of the plaintiff's online presence and recognition.
Reference:
Ext.A8