CM (M) No.907/2013 Page 1 of 4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CM(M) 907/2013

MAN MOHAN BATRA & ANR

..... Petitioners

Through

Mr.B.B. Gupta, Adv. with Mr.Sarthak

Ghonkrokta, Adv.

versus

CITIZEN ELECTRONICS PVT. LTD.

..... Respondent

Through

None.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (ORAL)

1.

This petition has been filed under Article 227 of the Constitution of

India against the order dated 28^th February, 2013 passed by the learned

Additional District Judge whereby an application under Section 45 of the

Indian Evidence Act, 1872 read with Section 151 of the Code of Civil

Procedure, 1908 has been dismissed.

2.

The relevant facts were as under :-

(a)

On 1^st April, 1981 petitioner No.1 started the business of trading and

manufacturing electrical and electronic items under the name and

style of M/S Citizen Electronics with a trade mark “Citizen”.

(b)

In 1984, the petitioner No.1 converted the said sole proprietorship

business into partnership business with the same trade mark and under

the same name and style along with his brot