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JYOTI SINGH
Sanjay Mehra – Appellant
Versus
Sharad Mehra – Respondent
JUDGMENT
Jyoti Singh, J.
I.A. 13127/2022 (under Sections 5 and 8 of Arbitration and Conciliation Act, by Defendant No. 1)
1. Present suit has been filed by the Plaintiff for permanent injunction restraining the Defendants from using the word/mark SUPERON or any other deceptively similar or identical word/mark in any manner in India, whether as a trademark or trade name or corporate name or domain name on any product or packaging including distributor's certificate, amounting to infringement of the registered trademarks of the Plaintiff as averred in the plaint as well as restraint against passing off, infringement of copyright etc.
2. Plaintiff is stated to be the proprietor of SUPERON and VAC- PAC family of trademarks, trade dresses and other Intellectual Property rights associated with the concerned goods under the said trademarks, in India. Plaintiff and Defendant No. 1 are brothers as also Directors of Defendant No. 3, which is a Company incorporated in the year 2004 and its Board of Directors is composed of Plaintiff and his family members as 50% shareholders on one hand and Defendant No. 1 and his family members as 50% shareholders on the other hand. Defendant No. 1 is also
The main legal principle established in the judgment is the legislative intent to promote arbitration, the limited power of prima facie review at the reference stage, and the rejection of the Law Com....
The existence of an arbitration agreement under Section 11(6) allows for disputes related to a memorandum of family settlement to be arbitrable, reinforcing the principle of kompetenz-kompetenz.
Court has limited jurisdiction under Section 11 of Arbitration and Conciliation Act, 1996.
The existence of an arbitrable dispute, the validity of the arbitration agreement, and the existence of an arbitrable dispute are to be determined by the arbitral tribunal.
The scope of judicial review under Section 11(6A) of the Arbitration and Conciliation Act, 1996 is limited to examining whether an arbitration agreement exists and whether the dispute is arbitrable.
A settlement agreement that explicitly supersedes an original contract and lacks an arbitration clause is not subject to arbitration, reinforcing the principle of separability.
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