9911796707
TMI Blog2003 (12) TMI 544X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. [Order per : S.S. Sekhon, Member (T)]. - Appellants, a SSI unit, manufacture Silencers for Scooters. Benefit of SSI Notification No. 1/93 is denied to them as they were found to be using a brand name of another manufacturer who was engaged in the manufacture of Motorcycle Silencers. The CCE (Appeals), after considering the issues, has come to a finding - '(i) The mark being present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sa was not widely notified or brought to the notice of trade. (v) The findings in the OIO with respect of the evidence of M/s. Suresh Automobiles (Ref. No. SA/80/94-95 dated 7-1-95) found in the premises of M/s. Sansa but address of M/s. Dali & Samir, as also the statements of dealers that mark D & S is associated with M/s. Dali & Samir have not been fully and adequately rebutted by the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the silencers of Dali & Samir being fitted to different vehicles as compared to the silencers of M/s. Sansa Ltd., the two types should be considered as different commodities, is unacceptable. Silencers, as a group are one commodity. Even the case law's cited by the appellants gives only instances of usage of the same marks in radically different commodities of commerce, not merely differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Silencers being same and both types/kind of Silencers being used for same kind of Vehicles. The denial would be covered by the following stipulation of the Larger Bench relied upon by the appellants - "14. .....We have no doubt in our mind that to attract the mischief of Para 4, the specified goods manufactured by SSI unit should have been cleared under the brand name of another perso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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