MAHALAXMI JEWELLERS Vs. MAHALAXMI JEWELLERS OF CHAKWAL

JUDGEMENT

(1.) M/s. Mahalaxmi Jewellers, a partnership firm and its partner, Vas Dev Anand, plaintiff Nos. 1 And 2, respectively, seek to restrain M/s. Mahalaxmi Jewellers (of Chakwal), defendant No. 1, and its partners, defendant's Nos. 2 to 5, from using the alleged offending trading style and name "Mahalaxmi Jewellers (of Chakwal)" in relation to Jewellery business during the pendency of a suit for perpetual injunction passing of and rendition of account.

(2.) THE suit is grounded on allegations that defendant No. 2 and defendant No. 3, who are the brother and nephew respectively of plaintiff No. 2, were carrying on business in partnership with plaintiff No. 2 and one Arjan Das as jewellers in shop no. 4551, Main Bazar, Paharganj, New Delhi, under the style of Mahalaxmi Jewellers in terms of the Deed of Partnership of April 1, 1972; that by Dissolution Deed of January 3, 1977, defendants Nos. 2 and 3 retired from the partnership leaving plaintiff No. 2 and Arjan Das to continue the business ; that by the Sale Deed of Dissolution, it was, inter-alia, agreed that all the assets and liabilities of the firm, stock in trade, furniture and fixtures, telephone connection, goodwill, business premises and the tenancy right relating thereto had been taken over by the continuing partners ; and that since the dissolution defendants 2 and 3 alongwith certain other started business of jewellers under the name and style of Mahalaxmi Art Jewellers but have recently changed the name and style to 'Mahalaxmi jewellers' and have been using the jewellery boxes, affixed with the mark 'Mahalaxmi Jewellers' and that having regard to the exclusive right of the plaintiff No. 2 to the goodwill, including the said firm name and mark, defendants are liable to be restrained from carrying on jewellery business in the name and style of Mahalaxmi Jewellers' or any other name and style which any so resemble the name and style of the plaintiff business so as to cause confusion in the course of trade. It is alleged that the act of the defendants is wrongful and they have made wrongful gain from the old established reputation, goodwill and name and long-standing of the plaintiffs. Plaintiffs claim accounts as also a permanents injunction to restrain the defendants from using the offending trade style "Mahalaxmi Jewellers" or "Mahalakshmi Jewellers" (of Chakwal)" in respect of gold, diamond and jewellery business.