BELLIE, RAMASWAMI
Kali Aerated Water Works – Appellant
Versus
Rashid and Others – Respondent
V. RAMASWAMI, J.
Kali aerated Water Works was a firm of registered partnership carrying on business in the manufacture and sale of aerated water of many kinds in the trade name of Kali Mark. They started the business in the year 1948. The trade name of Kali Mark was registered in the Trade Mark Registration office at Bombay on 19-2-1948. It was being renewed from time to time, and the last of such renewal was on 19-2-1970 for a period of seven years. However, after the expiry of the said period of seven years, no further renewal of the trade mark was made. The partnership was carrying on business with head office at Virudh unagar with branches at Tiruchirapalli, Kumbakonam, Madras, Karaikudi, Palayamkortai and Madurai. Under a registered deed of dissolution dt. 31.3.1977, the firm was dissolved and at the time of dissolution there were ten partners. The firm was dissolved with effect from 1.4.1977. Under this deed of dissolution, the business of the dissolved partnership at Tiruchirapalli was given to the plaintiff. The document provided that the two individual partners to whom the Tiruchirapalli branch was allotted shall take over with its assets and liabilities includi
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