RAJESH KUMAR AGARWAL Vs. SANJAY GUPTA

JUDGEMENT

(1.) Two applications have been taken up for analogous hearing as they are in the same suit.

(2.) In a suit for infringement of copy right and passing off, the plaintiff has sought interim protection by way of their application being old G.A. No. 1326 of 2019, new G.A. No. 1 of 2019. The defendant has applied for prosecuting the plaintiffs for giving false evidence in old G.A. No. 2391 of 2019, new G.A. No. 3 of 2019.

(3.) Learned Senior Advocate appearing for the plaintiffs has submitted that, the first plaintiff commenced catering business under the name and style of 'Ganpati Enterprises' in 1996. The first plaintiff and the defendants entered into a partnership and carried on business under the name and style of Ganpati Enterprises. Ganpati Enterprises was into Vegetarian Catering business. Ganpati Enterprises developed a goodwill and reputation for itself. The first plaintiff and the defendant formalized their partnership by executing a deed of partnership on April 1, 2000. The partnership obtained a trade mark of 'Ganpati's' and registered it under registration No. 1451164 in Class 42. The defendant retired from the partnership. On February 28, 2013 a deed of retirement was executed by the first plaintiff and the defendant. He has referred to the deed of retirement and submitted that, the defendant gave up all rights in the partnership including the right with regard to the registered trade mark. The first plaintiff thereafter obtained an assignment of the trade mark and registered the same in his favour. The plaintiff is therefore entitled to use the trade mark 'Ganpati's' exclusively. He has submitted that, the first plaintiff is carrying on business through the instrumentality of the second plaintiff which was incorporated previously. The plaintiffs are therefore entitled to the exclusive user of the registered trade mark. The plaintiffs have diversified their business and have registered labels subsisting in their favour.