COTHAS COFFEE CO. Vs. COTHA ASSOCIATES AND ORS.

JUDGEMENT

(1.) Aggrieved by the order dated 07.03.2017, passed by the XVIII Additional City Civil Judge, Bengaluru City (CCH-10), whereby the learned Judge has dismissed the temporary injunction application, filed under Order 39 Rules 1 and 2 CPC, by the appellant-plaintiff, the appellant has approached this Court.

(2.) Briefly the facts of the case are that the appellant, M/s. Cothas Coffee Company is a registered partnership firm. The respondent No. 1, M/s. Cotha Associates, is also a partnership firm, and the respondent Nos. 2 and 3 are the partners of the said respondent firm.

(3.) According to the appellant, from 1969, the appellant was trading in the name and style of "Cothas Coffee Services." At the relevant time, the partners of the said firm were Smt. K. Krishnaveni, Mr. Cothas K. Prakas, Mr. C.K. Srinathan, and Mr. C.K. Raghoonathan. The partners of this firm were the children of Late Cotha Krishna Iyer Chetty. In 1984, the name of the firm was changed from "Cothas Coffee Services" to "Cothas Coffee Company". In the same year, while Mr. C.K. Raghoonathan retired, Smt. Gowri Raghoonathan was inducted into the partnership. In 1998, with the death of Smt. K. Krishnaveni, Mr. C.P. Chandan, and Mr. C.S. Nithin were inducted into the partnership. Thus, from 1998, the continuing partners of the appellant firm were Mr. Cothas K. Prakas, Mr. C.K. Srinathan, Smt. Gowri Raghoonathan, Mr. C.P. Chandan, and Mr. C.S. Nithin. However, subsequently on 23.12.2013, Mr. Cothas K. Prakas, the respondent No. 2, and Mr. C.P. Chandan, the respondent No. 3 before this Court, retired from the appellant firm with effect from 09.12.2013.