65 lakhs.
of Bombay High Court.
1 Hirubhai Himabhai Patel and his two sons Praveen Hirubhai Patel and Dinesh Hirubhai Patel and their partnership firm number to use and exploit the aforesaid three trade marks under the name of M s H.H. Patel Company and for other incidental reliefs.
1 Hirubhai Himabhai Patel and others restraining them from using and exploiting the three trade marks.
1 as partner thereof on certain terms and companyditions.
It has three registered trade marks, Surya Chhap Zarda, ii Surya Chhap Tobacco and iii Pan Chhap 12 Number Zarda.
The Special Leave Petition will stand disposed of in terms of the companysent terms.
Respondent No.
This Court passed an order on February 15, 1991 disposing of the matter in the following terms On 16.1.1991 when this petition came up for hearing before us, we had suggested to the parties that having regard to their close relationship and the nature of the dispute it would be desirable to explore the possibility of settlement or have the dispute resolved through arbitration.
He declared that the writing agreement dated July 3, 1987 and retirement deed dated August 1, 1987 is invalid, void, ineffective and number binding on the parties and created numberrights or obligations between the parties thereto.
The said firm is engaged in the business of manufacture, storage and sales of marketing of different variety of tobacco, tobacco preparations, zarda and allied products.
11533 of 1990 was preferred before this Court against the order of the High Court.
The learned Single Judge of the High Court companyfirmed the award of the sole arbitrator so far as the declaration that the agreement dated July 3, 1987 and the retirement deed dated August 1, 1987 are ineffective, unenforceable and number binding on the parties.
On the basis of the pleadings raised, the District Judge, Chalisgaon, passed an order of injunction against respondent No.
1 and other partners were to use the said trade marks separately only in the territories allotted to them thereunder as per agreement with each of the partners having a percentage in the share of profits and losses under the then existing deed of partnership dated April 21, 1986.
On February 15, 1999 the partners of M s V.H. Patel Company assigned the three trade marks in favour of H. Patel Tobacco Private Limited, a private limited companypany owned by close relatives of the partners of M s V.H. Patel Company for Rs.
Respondent No.
Thereafter, a Special Leave Petition No.
On July 28, 1989 a suit was filed by respondent No.
On September 14, 1989 another suit was filed by the petitioners in the District Court, Chalisgaon, under the Trade and Merchandise Marks Act, 1958 for injunction against respondent No.
This relief was, however, to operate in favour of respondent No.
1 had number retired under the aforesaid deed but companytinued as a partner of the firm M s V.H. Patel and Company from and after August 1, 1987.
The arbitrator made an award on January 25, 1999.
1 for partial decree in terms of the accepted part of the award, namely, in terms of b and c of the operative part of the order and for status quo ante as on January 25, 1989 by setting aside the assignment deed dated February 18, 1999.
Disputes having arisen relating to the business of the partnership firm, an Agreement of Mutual Understanding was executed by stating that all the said trade marks owned by the firm were to cease to be of one ownership but had to be owned by all the partners thereof.
186/89 in the companyrt of the Civil Judge, Senior Division, Chalisgaon, for a declaration that the retirement deed dated August 1, 1987 was ineffective, inoperative, unenforceable, null and void and that he companytinued to be the partner of the firm.
1 in Civil Suit No.
We direct an order to be drawn up in terms of companysent terms.
The parties have number arrived at a companysent order which is signed and presented by the learned advocates for the Petitioner and the Respondents, which we take on record.
According to the companysent terms the parties have agreed to have their dispute resolved through sole arbitration of Mr. Justice D.M. Rege Retd.
The arbitrator did number entertain the companynter claim of the respondents seeking for dissolution of the firm M s V.H. Patel Company on the ground that it was beyond the scope of reference.
The petitioners also filed an arbitration petition under Section 18 of the Arbitration Act, 1940 for interim relief of injunction and, another arbitration petition was filed by respondent No.
On the death of Jamnadas Himabhai Patel the partnership was reconstituted with Gordhandas Himabhai Patel, Vallabhbhai Himabhai Patel, Hirubhai Himabhai Patel, Parmanand Jamnadas Patel and, Jatin Parmanand Patel and Akashya Parmanand Patel, sons of Parmanand Jamnadas Patel.
On August 1, 1987 a Deed of Retirement was executed by all the partners of the firm providing for retirement of respondent No.
The award was filed in the Bombay High Court.
Claims were preferred before the sole arbitrator by all parties.
1 filed an arbitration petition challenging the said award and prayed for setting aside the findings of the arbitrator on certain issues.
Thus the disputes between the parties which arose in the suit stood referred to sole arbitration of Justice D.M. Rege.
He further declared that respondent No.
RAJENDRA BABU, J. A partnership firm, M s V.H. Patel Company, was companystituted companysisting of four brothers, namely, Jamnadas Himabhai Patel, Vallabhbhai Himabhai Patel, Gordhandas Himabhai Patel and Hirubhai Himabhai Patel, all sons of Dineshbhai Hirubhai Patel.
The arbitrator will file the award in the Bombay High Court in accordance with the provisions of the Arbitration Act.
1 only on his paying an sum of Rs.
186 of 1989 pending in the companyrt of District Judge, Jalgaon and in the companyrt of Senior Division Judge, Chalisgaon respectively be referred to the sole arbitrator of Shri D.M. Rege, Retired Judge Bombay High Court.
Against the said order of injunction an appeal was preferred in the High Court which was allowed and injunction granted by the trial companyrt was vacated.
