LOKESH GUPTA Vs. S. YEITISH

JUDGEMENT

(1.) The Applicant and the respondent were partners, having entered into Partnership, through the Partnership deed, dated 02.12.2013. They agreed to carry on partnership business under the name and style of 'Y' and L Cuisines'. The duration of the Partnership firm is determinable at the will of the partners. The main business of the partnership was to set up chain of cafes, restaurants and eating houses to provide ready and cooked food (Indian, Continental and Chinese) of different varieties, including milk products, ice -cream, jelly, etc. The Applicant issued a notice, dated 16.03.2015, intimating that he is dissolving the Firm 'Y and L Cuisines' with immediate effect. The resignation of the Applicant from the partnership, from 16.03.2015, has been accepted, by the respondent.

(2.) Clause 18 of the Partnership Deed, dated 02.12.2013, between the parties herein provides for resolution of disputes (during the subsistence of partnership or at any time thereafter) through Arbitration.

(3.) By the communication, dated 29.03.2015, the respondent has stated that he is not guilty of infringement of trademark or passing off, as he was only a permitted user and the relevant line reads under: -