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2023 Supreme(Del) 2267

NAVIN CHAWLA
Liberty Footwear Company – Appellant
Versus
Liberty International – Respondent


Advocates appeared:
Rajshekhar Rao, Senior Advocate with Kapil Wadhwa, Ms. Surya Rajappan, Ms. Tejasvini Puri, Advocates, for the Plaintiff.
Vijay Pal Dalmia, Rajat Jain, Aditya Dhar and Ms. Neelam Dalmia, Advocates, for the Defendant.

JUDGMENT

I.A.474/2020

1. This application has been filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Arbitration Act') praying that the parties to the suit be referred to arbitration. It is the case of the defendant/applicant that there is an Arbitration Agreement in the Partnership Deed dated 08.09.2003 between the parties and the disputes raised by the plaintiff fall within the scope of the said Arbitration Agreement.

CASE OF THE PLAINTIFF

2. The plaintiff has filed the present suit, inter alia, for the following reliefs:

    "A. A decree of permanent injunction restraining the Defendant, its business associates, partners, directors, principal officers, family members, servants, agents, dealers, distributors, franchisees and anyone acting for and on their behalf from selling, offer to sell, manufacturing, advertising, promoting or in any other manner using the impugned trade name LIBERTY INTERNATIONAL, Plaintiff's registered trade and the corporate logo [IMG] and/or any other mark identical/deceptively similar to Plaintiff's well-known trademark LIBERTY, LIBERTY variant marks with respect to goods falling within Cla

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