KBM FOODS PVT LTD. Vs. SUBHASH TAYAL

JUDGEMENT

(1.) By this order I shall dispose of the instant I.A. filed under Order 39 Rule 1 & 2 read with Section 151 CPC by the plaintiff with the following prayers:-

(2.) It is the case of the plaintiff and so contended by Mr. Saurabh Kirpal that the plaintiff is indulged in the business of manufacturing and sale of Spices under its well-known trademarks "GAI CHAAP" and "COW (device)" since 1969. The plaintiff bona fide adopted the said trademarks in 1969 through its predecessor in title, which was a partnership firm by the name of Karol Bagh Masala Suppliers Company (KBMSC) in respect of its high-quality Spices / goods.

(3.) The plaintiff's aforesaid predecessor initially had two partners: 1) Om Prakash Aggarwal (OPA) and 2) Kishan Chand Gupta, vide Partnership Deed dated April 22, 1969. OPA has three sons: 1) Dinesh Kumar Aggarwal (DKA); 2) Sanjay Aggarwal (SA) and 3) Vikas Aggarwal (VA). On October 29, 1995, Kishan Chand Gupta retired from the said partnership firm and on October 30, 1995, DKA and SA were inducted into the aforesaid partnership firm.