YASH ARORA Vs. TUSHAR ENTERPRISES

JUDGEMENT

(1.) THIS appeal arises out of an order dated 16th July, 2007 passed by learned single Judge of this Court whereby an application under Order 39 rules 1 and 2 of CPC filed by the plaintiff-appellant has been dismissed with costs of Rs. 25,000/ -. The facts in the backdrop may be summarized as under:-

(2.) A partnership firm in the name and style of M/s. Keyman Locking devices was, according to the plaintiff, floated in April, 1985 in terms of a partnership deed dated 1st June, 1985 in which the plaintiff was one of the two partners. Shri Ashwani Berry, the other partner is said to have retired from partnership on 4th September, 1986 leaving the goodwill, assets and liabilities of the concern to the plaintiff. The plaintiff was then joined by his brother Shri Narinder Arora as a partner in the concern that applied for the registration of trade mark "keyman" in class 12 for use in automobiles, which registration was granted in favour of the partnership firm under No. 4459278.

(3.) IN due course the partnership expanded the range of its products and started manufacturing and trading in the entire range of locks, like furniture locks, door locks, metal locks, automobile locks and other hardware items under the Trade Mark "keyman" adopted by the firm w. e. f. 21st november, 1985. The partnership between the plaintiff and Shri Narinder arora is said to have been dissolved in the year 1999 in terms of a dissolution deed dated 31st March, 1999. The concern was from that date taken over by the plaintiff as its sole proprietor with all its assets including the trademark "keyman" adopted by the plaintiff in respect of the entire range of locks and hardware items manufactured and sold in the name and style of "m/s. Keyman Locking Devices".