PARAS INDUSTRIES LUDHIANA Vs. PARAS SPECIAL MACHINE CO

JUDGEMENT

(1.) The defendant has filed the present revision petition challenging the order passed by the learned trial Court whereby its application for stay of proceedings before the said Court in exercise of powers under Section 111 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act') was dismissed.

(2.) The controversy between the parties can be summarized in the following facts.

(3.) A trade mark 'Paras Special' was registered under the Act in the name of Gopal Singh and Gurcharan Singh on January 2, 1976 with effect from January 6, 1973. At that time, Gopal Singh and Gurcharan Singh were partners of the firm M/s. Akal Mechanical Works. As pleaded by the defendant, there was dissolution of the firm on March 31, 1973 whereby Gurcharan Singh retired from the partnership of the firm and agreed that the trade mark and trade style shall exclusively belong to Gopal Singh. A new partnership was constituted on April 1, 1973 with Surinder Kaur, the wife of Gurcharan Singh. The said partnership was again dissolved on 31.10.1991 when Smt. Surinder Kaur retired and another partnership was constituted with effect from 1.11.1991 with Gopal Singh and Avtar Singh as partners. The dispute between the parties is whether the dissolution deed between Gopal Singh and Gurcharan Singh as relied upon by Gopal Singh is a genuine document wherein Gurcharan Singh is said to have relinquished his rights in the trade mark 'Paras Special'. Admittedly, the plaintiff has got the trade mark 'Paras Special' registered vide application dated January 15, 1993 although the said application has been granted in the year 2000. It is not disputed that Avtar Singh is at present partner with Gopal Singh in firm, M/s. Akal Mechanical Works, who has filed an application for rectification before the Delhi High Court.