JAGGI AYURVEDIC PHARMACY Vs. JAGGI AYURVEDIC RESEARCH FOUNDATION

JUDGEMENT

(1.) By this application under Order 39 Rules 1 & 2 CPC read with Section 151 of Civil Procedure Code, plaintiff sought injunction against defendant restraining defendant from use of trademark, word/ mark, house mark "JAGGI" and restraining defendant from using the logo, tradedress and carton with trademark "JAGGI".

(2.) Plaintiff has claimed itself to be a partnership firm of three partners namely Mr. Om Prakash Jaggi, Mr. Sudesh Kumar Jaggi and Ms. Priya Rani Jaggi. It is stated that this partnership firm was formed in 1955 under an oral agreement between Mr. Darshan Lal Jaggi and Mr. Om Prakash Jaggi and it was reduced into writing in 1959 and since then the partnership firm namely "Jaggi Ayrvedic Pharmacy" has been using the trade name "JAGGI" and logos, trade dress, work/mark "JAGGI" and it became owner and proprietor of the word/ mark "JAGGI" and became copyright owner of trade dress, logos etc.

(3.) Defendant on the other hand has resisted granting of any injunction on the ground that the suit was filed by a dissolved partnership firm and was not maintainable. Ms. Priya Rani Jaggi, one of the partners, filed a suit 1798 of 2002 making Mr. Om Prakash Jaggi and Mr. Sudesh Jaggi as defendants claiming dissolution of the firm and in that suit vide order dated 1st September 2008, the learned Single Judge observed that there was an arbitration clause in the partnership deed and the parties should refer the dispute to arbitration and the suit was dismissed. However, this order was stayed in RFA 74 of 2008 and the appeal has been admitted by a Division Bench of this Court vide order dated 28th April 2009. In any case, the partnership firm stood dissolved and the suit filed by a dissolved partnership firm was not maintainable.