ANIL KSHETARPAL
Tarsem And Company – Appellant
Versus
Virdi Motors Private Limited – Respondent
ORDER
Anil Kshetarpal, J. - Through this appeal, the appellants (the defendants in the suit) assail the correctness of the order of the Additional District Judge, Amritsar, passed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") while restraining them from using their registered trademarks "Virdi Pump Industries", "T.S.Virdi Pumps Private Limited" and "T.S.Virdi" in a suit filed by the plaintiff/respondents. Before this Bench proceeds further, it would be appropriate to draw a small pedigree table in order to understand inter-se relationship between the parties:
| Karam Singh Vardi | |||
| Tarsam Singh Vardi (Defendent) | Rajwinder Singh (Plaintiff) | ||
| Jagdeep Singh | Manjit Singh Vardi | Smt. Rajwinder Kaur | |
| Rajmit Kaur (wife) | |||
FACTS
2. It is evident that the plaintiffs and the defendants are companies or firms floated by the members of family having a common ancestor namely late Sh. Karan Singh Virdi except M/s Durga Sales. These firms and companies are owned by the family members. The plaintiffs filed a suit claiming that the company is manufacturing, selling and marketing electric motors, motors, mono block pumps, pum
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