VARUN CHOPRA Vs. SHYAM SUNDER CHOPRA

JUDGEMENT

(1.) This appeal is filed by the appellants-plaintiffs under Order 43 Rule 96 of CPC challenging the order dtd. 11/4/2023 passed by XVIII Addl. City Civil Judge, Bengaluru on I.A.No.4 in O.S.No.6788/2022 whereby the Trial Court has ordered for return of the plaint to the plaintiffs to present the same before the jurisdictional court.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in the original suit.

(3.) The case of the plaintiffs is that M/s.Raja Traders was a partnership firm consisting of partners Sri.Mohan Lal Chopra and his only son Sri.Jagdaman Kumar Chopra. The said M/s.Raja Traders had adopted the trademark 'NATRAJ' in the year 1956. Upon the death of one of the partners i.e., Sri.Mohan Lal Chopra in the year 1980, the partnership firm of M/s.Raja Traders was dissolved and the surviving partner, Sri.Jagdaman Kumar Chopra, who is plaintiff No.2, became the sole Proprietor of M/s.Raja Traders. The further case of the plaintiffs is that the defendants have also acknowledged the sole proprietorship of Mr.Jagdaman Kumar Chopra, plaintiff No.2. In the month of August 2022, the plaintiffs for the first time came to know that the defendants have filed an application for registration of trademarks, namely, 'SV NATRAJ' and 'SHRI NATRAJ JI' and also the defendants are using the said trademark and selling the products in the city of Bengaluru. Hence, the suit is filed before the Civil Court, Bengaluru.