SHREE GANESHA ENTERPRISES Vs. SANDEEP GULLAH

JUDGEMENT

(1.) By this order, I propose to decide the applications filed by the parties, i.e. application bearing I.A. No.17230/2011 filed by the plaintiff under Order XXXIX, Rules 1 & 2 read with Section 151 of CPC seeking an ad-interim injunction restraining the defendant from using, advertising or dealing in the impugned trade mark and trade name CITY BANQUETS or any other trade mark which is deceptively similar or identical to the trade mark and trade name CITY BANQUET and CITY PALACE BANQUETS, and another application bearing I.A. No.17646 of 2011 filed by the defendant under Order XXXIX, Rule 4 read with Section 151 of CPC for vacation/immediate suspension of the ex-parte ad-interim order dated 01.11.2011.

(2.) It is stated that the plaintiff-firm which is engaged in the business of catering and food outlets and banquets hall (herein after referred to as the said business and services) was initially constituted vide partnership deed dated 03.08.2009 between Shri Shyam Sunder Suri, the Managing Partner of the plaintiff firm and Shri Sandeep Gullah, the defendant herein. Thereafter, upon the retirement of the defendant, the plaintiff firm was reconstituted vide Re-Constitution Deed dated 10.07.2011.

(3.) It is averred by the plaintiff that since its constitution on 03.08.2009, the plaintiff adopted the trade mark/trade name CITY BANQUET and started using the same in the course of its said business and services. The defendant, upon his retirement, assigned all his rights, title, interest in good will and other assets of the business in the favour of the re-constituted firm by way of the Re-Constitution Deed dated 10.07.2011. Further, it is stated by the plaintiff that it has filed for registration of its CITY formative trade mark, the details of which are given in para 6 of the application.