MR.SHOAIB HAROON Vs. MR.MOHAMMED HASSAN

JUDGEMENT

(1.) Aggrieved by the order dated 15.07.2015, passed by the XXXI Additional City Civil and Sessions Judge, Bengaluru City, whereby the learned Judge has dismissed the appellant's application under Order 39, Rules 1 and 2 CPC, the appellant has approached this Court.

(2.) According to the appellant, his father, Mr. Haroon Sulaiman Sait had coined the name " The Only Place ". About fifty years ago, using the said name, his father had started a restaurant located at Brigade Road, Bengaluru. Since the restaurant, "The Only Place" used to serve mainly Western food, it acquired a goodwill in Bangalore. But as the appellant's father was getting old, and since Mota Arcade had been constructed, his father closed down the said restaurant.

(3.) The appellant and the respondent are related to each other. Since the respondent was unemployed, he and the appellant decided to constitute a partnership firm in the name and style of "M/s Aaaminah Steak & Pasta Company". Therefore, on 22.10.2003, they entered into a partnership at will. Further, according to the appellant his father permitted the appellant, and the respondent to put the board of " The Only Place " at the premises of " Aaaminah Steak & Pasta Company", located at No.13, Museum Road, Bangalore. Since the father agreed to permit the use of the name "The Only Place ", the partnership firm agreed to pay him certain amount. However, the unregistered Trademark "The Only Place" was not brought into the partnership as a property of the partnership firm. The partnership used the name "The Only Place" to run a restaurant of its own.