JAININDER JAIN Vs. ARIHANT JAIN

JUDGEMENT

(1.) At loggerheads, in these proceedings, are the members of same family, who would have, perhaps, been well advised to strive to sort out amicably their ongoing dispute over use of trademark "KANGARO" instead of slugging it out by entangling themselves in multifarious litigious bouts.

(2.) The origin of present proceedings can be traced to an injunction order passed in CS (OS) No.156/2004, filed by the petitioners, inter alia seeking permanent injunction restraining the respondents from using the trademark "KANGARO", which was claimed to have fallen to the share of petitioner No.1 by virtue of a family settlement dated 10th / 14th April, 1995. The aforesaid suit was filed before the District Court, Ludhiana, on 7th January, 1997, wherein after hearing the parties an order to the following effect was passed :

(3.) Apart from the aforesaid suit, two other suits being CS (OS) No.157/2004 and CS (OS) No.155/2004, between the parties, were also filed before the District Court, Ludhiana. Also, a rectification petition bearing CO No.4/1997 was filed by the petitioners before this Court. The above suits pending with the District Court, Ludhiana were, under an order dated 8th September, 2003 of the Supreme Court, transferred to this court to be heard and tried alongwith CO No.4/1997.