JAININDER JAIN Vs. ARIHANT JAIN

JUDGEMENT

(1.) THESE Appeals are directed against the common Order dated 8.4.2009 passed in IA 2552/2004 in CS(OS) No.155/2004, IA 2551/2004 in CS(OS) No.156/2004, IA 2550/2004 in CS(OS ) No.157/2004, whereby the status quo order dated 7.1.97 passed in CS(OS) No. 156/04 was vacated and the appellants were restrained from using the trademark "Kangaro" for stationery items, till the final disposal of these suits. The brief facts, giving rise to these appeals are as under.

(2.) LATE Shri Janki Dass Jain, father of Shri Arihant Jain, Jaininder Jain and Shri Vishwa Jain, who was doing business in the name and style of M/s.Kangaro Industries (Regd.) as its sole proprietor, adopted and started using trademark "KANGARO ". On 3.3.1963, late Shri Janki Dass Jain and his son Arihant Jain, vide partnership deed dated 3.4.1963, agreed to become partners in M/s.Kangaro Industries (Regd.), with share of Shri Janki Dass Jain at 63 per cent and that of Shri Arihant Jain at 37 per cent. On 1.4.1974, Shri Vishwa Jain and Mrs. Kiran Jain, (wife of Shri Jaininder Jain), joined as partners in M/s.Kangaro Industries (Regd.). Shri Vishwa Jain having retired on 31.3.1978, late Shri Janki Dass Jain, Shri Arihant Jain and Mrs. Kiran Jain, continued as partners of the said firm, with effect from 1.4.1978. Vide Retirement Deed dated 31.3.1995, Mrs.Kiran Jain, retired from the partnership business and remaining two partners, namely, Shri Janki Dass Jain and Shri Arihant Jain continued the partnership business. At the time of retirement of Mrs.Kiran Jain, it was agreed that she would be paid the amount standing to the credit of her capital account on 31.3.1995. A fresh partnership deed was executed on 1.4.1995 whereby Shri Vishwa Jain and Mrs. Neelam Jain, were admitted as partners of M/s.Kangaro Industries (Red.). Vide Retirement Deed dated 15.5.1995, late Shri Janki Dass Jain also retired from the firm. The remaining partners, namely, Shri Arihant Jain, Shri Vishwa Jain, Mrs. Raman Jain, (wife of Shri Arihant Jain) and Mrs.Neelam Jain, (wife of Shri Vishwa Jain) continued as the partners of M/s.Kangaro Industries (Regd.).

(3.) ON 10.4.1995, an Arbitration Agreement was executed between Shri Arihant Jain, Shri Jaininder Jain and Shri Vishwa Jain whereby they appointed Shri Ram Kumar Jain and Shri Raj Kumar Behl as the arbitrators to settle the dispute that had arisen amongst them from time to time. They also decided not to challenge the decision of arbitrators in the Court of Law. The arbitrators were required to give verdict on the land, building and machinery of M/s.Kangaro Industries (Regd.), M/s.Jain Manufactured Company, M/s.Kenning, M/s.Kangaro Industries Pvt. Ltd. and M/s.Kanning India Private Ltd. They were also to give decision on the working of Jindal Stationary Machinery Company. They further agreed that if there was any issue left unresolved, the same will also be referred to the Arbitrators and will be binding on them.