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2021 Supreme(P&H) 1552

ANIL KSHETARPAL
Tarsem And Company – Appellant
Versus
Virdi Motors Private Limited – Respondent


Advocates Appeared:
Mr. Keshav Pratap Singh, Advocate, for the Appellant, Mr. Gaurav Arora and Mr. Kamal Kishore Arora, Advocates, for the 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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