LAWS(DLH)-2023-1-396

LIBERTY FOOTWEAR COMPANY Vs. LIBERTY INTERNATIONAL

Decided On January 10, 2023
LIBERTY FOOTWEAR COMPANY Appellant
V/S
Liberty International Respondents

JUDGEMENT

(1.) This application has been filed by the defendant under Sec. 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act') praying that the parties to the suit be referred to arbitration. It is the case of the defendant/applicant that there is an Arbitration Agreement in the Partnership Deed dtd. 8/9/2003 between the parties and the disputes raised by the plaintiff fall within the scope of the said Arbitration Agreement.

(2.) The plaintiff has filed the present suit, inter alia, for the following reliefs:-

(3.) It is the case of the plaintiff that the plaintiff is a partnership firm and is the proprietor of the registered trade mark 'LIBERTY', amongst several other trade marks. Mr. Dheeraj Gupta, the Sole Proprietor of the defendant, is a partner of the plaintiff firm, however, he does not have any personal rights in the plaintiff's registered trade mark 'LIBERTY' in any manner whatsoever.