PACHRANGA INTERNATIONAL PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Rajinder Dhingra, a Director of the petitioner-Company and his father late Shri Asa Nand Dhingra entered into a partnership vide partnership deed dated 1.1.1983 and started the business of processing, marketing and manufacturing pickles and allied goods. The said firm adopted the trademark PIP in relation to its business. In the year 1984, Shri Chander Mohan Dhingra, brother of Shri Rajinder Dhingra and partner/proprietor of respondent No.2, M/s. Pachranga International (Chander Group), joined the said partnership firm. A partnership deed dated 1.4.1992 was executed amongst the above-referred three persons. Clause 10 and clause 12 of the partnership deed dated 1.4.1999 to the extent they are relevant read as under:

(2.) The case of the petitioner is that since Shri Chander Mohan Dhingra started running a parallel business under the name of a company Pachranga Syndicate Private Limited, incorporated in the year 1994 and got engaged in the business of the said Company, he was expelled from the partnership vide notice dated 15.2.2001 and thereafter the said partnership continued between Shri Asa Nand Dhingra and Shri Rajinder Dhingra. However, on 18.7.2001, they promoted and incorporated the petitioner-Company, Pachranga International Private Limited.

(3.) This is also the case of the petitioner that a Power of Attorney was executed by Shri Chander Dhingra and Shri Asa Nand Dhingra in favour of Shri Rajinder Dhingra on 13.7.1985 and in exercise of the power conferred upon him, Shri Rajinder Dhingra by way of an assignment deed dated 26.3.2002 assigned the trademark PIP and the trade name Pachranga International to his wife Shrimati Sharda Dhingra.