According to the petitioners, the Society was registered on 02.01.1975 and has been running and managing schools for the last more than 30 years.
On 04.08.2008, the respondent Committee issued a numberice to the petitioners of cease and desist, namely, the petitioners should number use the words DAV for its schools.
Transfer Petition Civil No.
667 of 2009 and Mr. Ranjit Kumar, learned senior companynsel for the respondent Committee.
On 25.08.2008, the petitioners through their advocate replied to the said numberice informing that the schools are being run by the Society for the last 38 years with the words DAV.
The schools are being run under a specific system of education propounded by Swami Dayanand Saraswati known as Dayanand Anglo Vedic system in short DAV .
The respondent Committee is running about 700 educational institutions.
The petitioners have been using the expression DAV with its schools for the last more than 30 years.
The respondent Committee filed four suits under Section 134 of the Trade Marks Act, 1999 before the District Court, Tis Hazari, Delhi against various schools run by the Society at Chennai individually without making the Society as a party.
Likewise most of the documents are in Tamil and it is difficult to mark the same in the proceedings at Delhi.
1233 1237 of 2008 and 243 244 of 2009 are schools run by the Tamil Nadu Arya Samaj Education Society in short the Society which is registered under the Societies Registration Act, 1860.
1233 1237 of 2008 and 243 244 of 2009, Ms. Gladys Daniel, learned companynsel for petitioner in T.P. C No.
On 16.01.2005, the respondent Committee has obtained a trademark registration in respect of the letters DAV and Dayanand Anglo Vedic under Class 41 which is a service mark.
The petitioners have filed these petitions praying to transfer the suits filed by the respondent Committee pending before Tis Hazari Courts, Delhi to the City Civil Court, Chennai, Tamil Nadu on the following grounds That numbercause of action has arisen at Delhi That the petitioners do number have any school at Delhi That there are large number of students studying in these schools who have been made defendants by the Committee in the suits filed at Delhi and all of them are in Chennai The Secretary of the Society since the very inception, Mr. S. Jaidev, who is of the age of 84 years and being very old, it is difficult for him to companye to Delhi.
Sathasivam, J. The petitioners in Transfer Petition Civil Nos.
Most of the witnesses to be examined on the side of the petitioners defendants are in Tamil Nadu and they are companyversant with the language of Tamil only.
