HALDIRAM BHUJIAWALA Vs. ANAND KUMAR DEEPAK

JUDGEMENT

(1.) The present appeal lays a challenge to the order dated 12th May, 1999 passed in IA No.1675/1992 in CS (OS) No.635/1992 whereby the application of the Respondents/Plaintiffs under Order XXXIX Rule 1 and 2 CPC was decided in their favour with the following directions:-

(2.) The present is a dispute between the grandsons of late Shri Ganga Bishan @ Haldiram. Shri Ganga Bishan commonly known as Haldiram started selling namkeen, papads and bhujia etc. and was trading under the trade name and trade mark "Haldiram Bhujiawala". Subsequently his sons also joined him in the business. The family chart of late Ganga Bishan is as under:-

(3.) The history of the firm Chand Mal Ganga Bishan of Ganga Bishan @ Haldiram trading under the trade name "Haldiram Bhujiawala" relevant for the present dispute is that after Ganga Bishan"s sons joined him, the firm constituted of Ganga Bishan and his three sons Mool Chand, Satidas and Rameshwar Lal. Thereafter Rameshwar Lal retired from this firm and Shiv Kishan son of Mool Chand joined it. While Ganga Bishan and Mool Chand continued their business at Bikaner, Rameshwar Lal shifted to Calcutta for the business. Rameshwar Lal started the business of namkeen, papads, sweet meat etc. at Calcutta under the name and style of "Haldiram Bhujiawala". In 1965 Sati Das the other son of Ganga Bishan also left M/s Chand Mal Ganga Prabhu Shankar