PARVEEN CHANDER CHADHA Vs. RAJ KUMAR THAPAR

JUDGEMENT

(1.) This appeal has been Sled by the plaintiffs against an order of the Additional District Judge, Ludhiana, dated July 25, 1979.

(2.) Briefly, the case of the plaintiff appellants is that Parveen Chander plaintiff No. 1 entered into partnership with defendant No, 1 vide partnership deed dated February 5, 1974 and started a firm in the name and style of Shiva Forging for manufacturing Drop Forged Hand Tools. It is stated that the firm manufactured and sold Tools under the trade mark of Shiva. It is further aver red that the firm spent huge amount in giving publicity. The said firm was dissolved on September 7, 1878, vide dissolution deed of even date. It is alleged that defendant No. 1 transferred a1P rights in the partnership including assets, liabilities, good will, trade mark et cetera to plaintiff No. 1.

(3.) It is next averred that defendant No. 1 after retirement from the said partnership-started a firm in the name and style of Shiva Forgings for manufacturing Drop Forge Hand Tools et cetera, and started its business is Ludhiana, it is then stated that he is illegally using the name of Shiva with the sole object of passing at his goods as the goods of the plaintiff. Consequent)y, he (plaintiff No. 1) and his firm filed a suit for permanent injunction praying that defendant No. 1 along with defendant No. 2 be restrained to use the name of his firm as Shiva Forgings, passing off his goods as such and for rendition of accounts.