ARB. P. 975/2021

Page 1 of 69

IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 17.02.2022

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ARB.P. 975/2021 and IA Nos. 12836/2021 & 14638/2021

VIJAY KUMAR MUNJAL AND ORS.

..... Petitioners

versus

PAWAN MUNJAL & ORS.

..... Respondents

Advocates who appeared in this case:

For the Petitioner:

Mr Gopal Subramaniam, Senior Advocate,

Mr Parag P. Tripathi, Senior Advocate with

Mr Sanjeev Kapoor, Mr Sahil Narang, Mr

Ankur Sangal, Mr Dhritiman Roy, Ms Pragya

Mishra, Ms Ananya Bhat, Mr Madhavam

Sharma,

Mr

Ayushman

Kacker,

Mr

Vishakha, Advocates.

For the Respondents:

Dr.

Abhishek

Manu

Singhvi,

Senior

Advocate, Mr. Rajiv Nayar, Senior Advocate,

Mr. B.B. Gupta, Senior Advocate with Mr.

Mahesh Agarwal, Mr. Rishi Agrawala, Mr.

Karan Luthra, Mr. Ankit Banati, Ms. Manavi

Agarwal, Mr. Saurabh Seth, Mr. Aman

Sharma and Mr. Achal Gupta, Advocates for

Respondent Nos.1 and 3.

Mr Mukul Rohatgi, Senior Advocate Mr

Sandeep Sethi, Senior Advocate, Mr Akhil

Sibal, Senior Advocate with Mr Sidharth

Chopra, Mr Kanishk Kumar, Mr Muktesh

Maheshwari, Ms Abhiti Vachher, Ms Asavari

Jain, Ms Shriya Misra, Advocates for

Respondent No. 2.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000902

ARB. P. 975/2021

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CORAM

HON’BLE MR JUSTICE VIBHU BAKHRU

JUDGMENT

VIBHU BAKHRU, J

Introduction

1.

The petitioners have filed the present petition under Section 11

of the Arbitration and Conciliation Act, 1996 (hereafter ‘the A&C

Act’), inter alia, praying that an arbitrator be appointed, on behalf of

the respondents, to adjudicate the disputes that have arisen between the

parties in relation to the Family Settlement Agreement dated

20.05.2010 (hereafter the ‘FSA’) and Trade Marks and Name

Agreement dated 20.05.2010 (hereafter the ‘TMNA’).

2.

The Munjal Family, a well-known business family, comprises of

family members of four brothers (since deceased) – Late Shri Dayanand

Munjal, Late Shri Satyanand Munjal, Late Shri Brij Mohan Lall Munjal

and Late Shri Om Prakash Munjal (hereafter the ‘Munjal Brothers’).

3.

The petitioners state that the Munjal Brothers established the

business of bicycle spare parts in Amritsar, India in 1944. In 1956, the

Munjal Brothers commenced manufacturing key components of bicycle

and established a manufacturing plant in Ludhiana. Over a period of

time, the Munjal Group diversified its business in the automotive sector,

manufacture of bicycles and its components, and the financial sector

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000902

ARB. P. 975/2021

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including other such services. The Munjal Group comprises of several

operating and investment companies (‘Munjal Group Companies’),

Hindu Undivided Families of the members of the Four Family Groups

(‘Munjal HuFs’), partnerships (‘Munjal Partnerships’), trusts

(“Munjal Trusts”) and association of persons (‘Munjal AoPs’). The

Munjal Group Companies, Munjal HuFs, Munjal Partnerships, Munjal

Trusts and Munjal AoPs are hereafter collectively referred to as the

‘Munjal Group Entities’.

4.

The petitioners state that the Munjal Group started using the

name / brand / trademark “Hero” and its variants in connection with its

businesses from 1953 onwards. On 13.06.1966, the Munjal Brothers,

through their partnership firm, M/s. Hero Cycles Industries, applied for

and obtained registration of the trademark “Hero” in Class 12 under

application no. 235780. Further, the Munjal Brothers/entities of the

Munjal Group also applied for registration of other trademarks

containing the word “Hero” and/or its variants.

5.

It is stated that on 02.03.1993, the Munjal Brothers established a

firm, named Hero Exports. The said entity is engaged in exporting

bicycles under the brand/trademark “Hero” to certain specified

territories. Thereaft