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2012 Supreme(Del) 2108

MANMOHAN SINGH
BHAGWAN DASS KHANNA JEWELLERS – Appellant
Versus
BHAGWAN DAS KHANNA JEWELLERS PVT. LTD – Respondent


Advocates Appeared:
Mr. Pravin Anand, Adv. with Mr. Shantanu Sahay and Ms. Jaya Negi, Advs.
Mr. Sudhir Chandra, Sr. Adv. with Mr. Ashok Chhabra, Advocate CORAM:

JUDGMENT

MANMOHAN SINGH, J.

1. By this order, I propose to decide the pending interim application being I.A. No.6779/2008 filed by the plaintiff under Order XXXIX, Rules 1 & 2 read with Section 151 CPC. The plaintiff has filed the suit for permanent injunction restraining infringement of as well as dilution of trademarks, delivery up, rendition of accounts of profits, damages etc.

2. The case of the plaintiff is that M/s Bhagwan Dass Khanna Jewellers is a partnership firm registered in the year 1992. The said firm has been carrying on business as a running partnership since the year 1963. Mr. Bhagwan Dass Khanna had six sons, namely Mr. Ramesh Dass Khanna, Mr. Shankar Lal Khanna, Mr. Mahesh Dass Khanna, Mr. Naresh Dass Khanna, Mr. Rajesh Dass Khanna and Mr. Ganesh Dass Khanna.

3. In the year 1963, Mr. Bhagwan Dass Khanna along with Mr. Ramesh Dass Khanna started the jewellery business and later on, Mr. Mahesh Dass Khanna, Mr. Naresh Dass Khanna and Mr. Ganesh Dass Khanna also joined the said business. In the year 1992, a partnership firm was incorporated in the name of ?M/S BHAGWAN DASS KHANNA JEWELLERS to conduct the said jewellery business comprised of partners namely Mr. Bhagwan





































































































































































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