A K MINERALS Vs. A RAMACHANDRA

JUDGEMENT

(1.) This Revision is filed against the judgment passed in CM.A.No. 13/95 on the file of II Additional District Judge, Cuddapah.

(2.) The plaintiff is a firm represented by its partner. It filed I.A.No. 142/95 on the file of III Additional District Munsif, Cuddapah, to grant temporary injunction restraining the respondents 1 to 4 and their men, agents and representatives from carrying on the business or any transaction in the name of M/s. A.K. Minerals, Cuddapah.

(3.) The brief facts in the affidavit are as follows: The plaintiff stated that the 1st respondent who is a partner of the firm along with other partners fraudulently and wilfully entered into a partnership with respondents 2 to 4 and are carrying on business for the past 3 years and competing with petitioner's firm using the name of the firm i.e., M/s. A.K. Minerals. The partners of the petitioner firm are (1) Ananta Padmanabha; (2) Smt. A. Tulasamma; (3) Sri A. Sai Prasad; (4) Sri A. Anja; (5) Sri A. Venkataramana and (6) Sri A. Ramachandra (R-1 in the petition). The firm was registered under Ex.A-2 dated 1-3-1982 and was carrying on the business. One of the partners Sri Ananta Padmanabha, died and his sons Sham Pavan was taken as a partner and the partnership is reconstituted under a deed Ex.A-4, dated 1-2-1994. While the matters stood thus, 1st respondent with an intention to make illegal gain, showed the other partners as retired with effect from 31-3-1992 and it is shown by the 1st respondent that he took respondents 2 to 4 as partners and reconstituted a new partnership under Ex.B-1 agreement. Thereafter, the so called firm is carrying on business in the self same name of M/s. A.K. Minerals, Cuddapah. This amounts to infr ingment of the right of the plaintiff firm to carry on the business. Not only that, the respondents are making use of mineral lease which is in the name of the plaintiff-firm. The Registered Number of the plaintiff firm is 4322/82. The respondents registered their firm under No. 4498/92 dated 26-5-1992 (Ex.B-1). This he cannot do. Hence, the petition.