RAJKUMAR VISHANDAS Vs. RAJKUMAR VISHANDAS

JUDGEMENT

(1.) These two revision petitions have been filed by the petitioner-defendant (for short, 'the defendant') against the order dtd. 16/12/2020 passed by the trial court whereby the applications filed by the defendants under Order 7 Rule 11 CPC in Civil Suit Nos. 99/2020 and 100/2020 have been dismissed.

(2.) Facts of the case are that the respondent-plaintiff (for short, 'the plaintiff') filed two suits for infringement and passing off of trade mark, permanent injunction, damages and rendition of accounts against the defendants (i) M/s. Rajkumar Vishandas and Sons and (ii) M/s. Rajkumar Vishandas Corporation. In the said suits, it was averred that the plaintiff is a registered firm under the Indian Partnership Act, 1932. The said partnership firm was established in the year 1961 by the grand father of Rajesh Thawrani and Prakash Thawrani. In the year 1986, the said partnership firm was converted into a proprietorship firm and on 1/4/2021, it was again converted into a partnership firm, of which Rajesh Thawrani, Prakash Thawrani, Rajkumar Thawrani and Bhagwan Das Ji were the partners. After the death of Bhagwan Das Ji on 12/8/2013, dispute arose between Rajesh Thawrani, Prakash Thawrani and Raj Kumar Thawrani, partners of the firm. On 3/4/2015, Raj Kumar Thawrani wrote a letter to the other partners as well as firm and retired from the said partnership firm voluntarily. In this way, on retirement of Raj Kumar Thawrani from the partnership firm, Smt. Gauri Thawrani was inducted as a partner of the firm, for which amended partnership deed was executed and an entry was made in the record of Registrar of Firms.

(3.) It was also averred that thereafter the said partnership continued. After voluntary retirement of Raj Kumar Thawrani from the said Partnership firm on 3/4/2015, he filed a petition before Rajasthan High Court seeking his share in the said Partnership Firm, upon which Hon'ble Mr. Justice A.C. Goyal (Retd.) was appointed as an Arbitrator, who on 2/6/2018, while dismissing the claim petition and allowing the counter claim, awared a sum of Rs.51,10,029.00 in favour of Raj Kumar Thawrani. Against the said award, objections were filed and the same are pending adjudication before the competent court.