S. Jatinder Singh v. S. Amrik Singh & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 37/2024 and CM APPL 11413-14/2024 S. JATINDER SINGH ..... Appellant Through:
Mr.Rajat Wadhwa, Mr.Amulya Dhingra, Mr.Diwakar Singh, Mr.D.
Bhatia, Mr.Gurpreet Singh and Mr.Abhishek Dev, Advocates.
versus S. AMRIK SINGH & ANR.
..... Respondents Through:
Mr.Gurmit Singh Hans, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R
% 26.02.2024 1.
The appellant has filed the present appeal impugning an ad-interim order dated 12.02.2024 (hereafter the impugned order) passed by the learned Commercial Court on an application filed by the respondents under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 (hereafter the CPC) in CS (COMM) No.2600/2022 captioned S. Amrik Singh v. Jatinder Singh.
2.
The operative part of the impugned order reads as under:- "The defendants are hereby restrained from using, selling, soliciting, displaying, advertising or dealing in any manner of plaintiff's mark M/s Amrik Singh & Sons in relation to their goods and business of toys and related items or through online platform by showing the same or/with address of Plaintiffs firm i.e., 280-A Towel Market, Sadar Bazar, till further orders."
3.
It is a common ground that the mark has been used by the firm, M/s.Amrik Singh & Sons, in which all the parties are partners. Thus, it appears that the partner of the firm has been restrained from using the trademark of the firm.
It is also the appellant's case the suit is not The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2024 at 11:24:13
maintainable as the firm is not registered; therefore, in terms of Section 69 of the Indian Partnership Act, 1932, a partner of the unregistered firm cannot sue another partner of the same firm.
4.
Additionally, it is submitted that the parties have entered into a family settlement whereby the firm in question, M/s. Amrik Singh & Sons has fallen to the share of the appellant.
5.
The impugned order has not captured the disputes and rival contentions between the parties.
6.
After some arguments, the learned counsels for parties submit that the impugned order be set aside with liberty to the parties reagitate all the disputes, before the learned Commercial Court, as the application under Order XXXIX Rule 1 & 2 of the CPC is pending consideration and now is listed before the learned Commercial Court on 20.03.2024. 7.
In view of the above, the impugned order is set aside. All the rights and contentions of the parties are reserved. It is clarified that this Court has not expressed any opinion on the merits of the dispute between the parties and nothing stated herein shall be construed as such. 8.
All pending applications also stand disposed of. 9.
Order dasti under signatures of the Court Master. VIBHU BAKHRU, J TUSHAR RAO GEDELA, J FEBRUARY 26, 2024 M Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2024 at 11:24:13