ANIL SABHARWAL Vs. ARUN SABHARWAL

JUDGEMENT

(1.) THIS order will dispose of two civil Revision Nos. 1805 of 2007 (Anil sabharwal v. Arun Sabharwal) and 1806 of 2007 (Sunil Sabharwal v. Arun Sabhawal ). The facts are being taken from Civil Revision No. 1805 of 2007.

(2.) PETITIONERS and respondents, a closely related business family, are contesting a suit which arises out of the Memorandum of understanding/family Settlement giving rise to subsequent disputes and differences between them. Respondents Arun sabharwal and others filed a suit in the court of Civil Judge (Junior Division), Patiala for declaration that Memorandum of Understanding /family Settlement entered in between the petitioners and respondents No. 1 and 2 a legal, valid, binding between the parties and further for rendition of accounts in regard to the profits made by defendants-petitioners by sale of products in the area of the respondents under the Trademark of kesh Nikhar etc, and for payment of damages on account thereof, When served with the notice, the petitioners filed application dated 1-2-2007 for rejection of the plaint. Plea is that the petitioner are not residing within the territorial jurisdiction of the Court at Patiala and there is no cause of action against petitioner No. 2. It is further pleaded that the dispute raised is regarding trademark and as such Court of District Judge alone would be competent to adjudicate upon the alleged infringement and not the court of Civil Judge (Junior Division), patiala. Even objection in regard to suit having not been properly valued for the purposes of court-fee is also raised.

(3.) THE respondent-plaintiffs filed reply to the said application pointing out that subject-matter of the family settlement, profits and business is regulated at Patiala. According to the respondents, the case has no concern with the trademark and hence the suit is properly instituted before the Civil judge. It is further pleaded that the suit is properly valued for the purposes of court-fee.