Sudhir Agarwal, J. - (1.) This appeal under Section 37(1)(a) of Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") has arisen from Judgment and Order dated 07.03.2017, passed by District Judge, Kanpur Nagar in Suit No. 02 of 2016, whereby defendant-appellant's (hereinafter referred to as "appellant") application filed under Section 8 of Act, 1996 has been rejected on the ground that it was not accompanied by original copy of agreement or duly certified copy thereof, hence, application did not satisfy requirement of Section 8 of Act, 1996.
(2.) Facts in brief giving rise to present appeal, in brief, are stated as under :
(3.) Appellant M/s Kamdhenu Cattle Feeds Pvt. Ltd. is engaged in the business of manufacture and sale of cattle feed under the brand name "Kapila Pashu Aahar". It is undisputed that Original Suit No. 2 of 2016 was filed by plaintiff-respondent seeking injunction restraining appellant M/s Kapila Krishi Udyog Ltd., its servants and other representatives etc. from infringing registered trade mark/label indicating "Kapila Pashu Aahar" in any manner, including deceptively using similar mark etc. In the plaint it was specifically pleaded that plaintiff entered into an agreement with appellant on 17.05.2014, permitting to use registered trade mark, artistic work and goodwill in relation to cattle feed to be manufactured with the formula specified and expert know how supplied by plaintiff. Under the said agreement appellant, at best was a licensee of the trade mark/artistic work etc. Copy of agreement dated 17.05.2014 was enclosed alongwith the plaint. Suit was instituted vide plaint dated February, 2016.;