Supreme Court of India · 1973-08-22
SOHAN LAL AND OTHERS vs AMIN CHAND AND SONS AND OTHERS(With connected appeals & pet
- Citation / case number
- SC 1970/60210
- Court
- Supreme Court of India
- Petitioner
- SOHAN LAL AND OTHERS
- Respondent
- AMIN CHAND AND SONS AND OTHERS(With connected appeals & pet
- Bench
- MATHEW, KUTTYIL KURIEN
Judgment text excerpt
The Supreme Court held that the appeal against the order of injunction did not abate due to the death of one of the appellants, as per Order 30 Rule 4 and Section 107 of the CPC, allowing suits to continue in the name of the firm. The Court found that the trial court's order was not justified as the respondents were not entitled to exclusive use of the trade marks, thus the injunction was improperly granted. Furthermore, the appeal against the opinion under Section 13(b) of the Arbitration Act was deemed incompetent as it did not constitute a final determination. The Court also addressed the contempt proceedings initiated by the respondents against the appellants for disobeying the interim order.