Yasmin Khalique And Ors vs Mukhtar Alam
2021 Latest Caselaw 446 Cal/2

OD-3

                    IN THE HIGH COURT AT CALCUTTA
                        Civil Appellate Jurisdiction
                              ORIGINAL SIDE


                             APO/70/2021
                          WITH AP/359/2020
                           IA NO:GA/1/2021
                       YASMIN KHALIQUE AND ORS.
                                  VS.
                            MUKHTAR ALAM
                                ............

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI AND The Hon'ble JUSTICE ANIRUDDHA ROY Date : 1st July, 2021.

[VIA VIDEO CONFERENCE]

Mr. Ahin Chowdhury, Sr. Adv., Mr. Sohail Haque, Mr. M. I. A. Lodhi, Advs...for appellants.

Mr. Jishnu Saha, Sr. Adv., Mr. Ishan Saha, Mr. Tarique Quasimuddin, Ms. Zainab Tahur, Advs...for respondent.

The Court : We admit this appeal against the judgment and order dated

25th March, 2021 made by a learned single judge of this Court. It was in an

application under section 34 of the Arbitration and Conciliation Act, 1996 to

set aside an interim award dated 12th November, 2020 made by a learned

arbitrator. The learned judge upheld the award holding that the partnership

was at will and dissolved by the notice in question.

The bone of contention in this appeal is a registered trademark 'Musa ka

gul'. Mr. Ahin Chowdhury, learned senior advocate for the appellants says

that this trademark is a valuable asset of the firm and that the respondent be

restrained from using or in any way dealing with the mark.

Mr. Jishnu Saha, learned senior advocate for the respondent submits

that his client by virtue of an assignment or similar disposition in his client's

favour has the right to use the mark.

The ownership of the trademark and the right to use it is not the dispute

in the arbitral proceeding.

The assets of the partnership firm are material if the consequences of the

award that the partnership has been dissolved have to be enforced.

Nevertheless, whether the partnership firm is the owner of the mark or

whether the respondent is entitled to use the mark concurrently with the firm

or exclusively are not disputes which this Court will be concerned with at the

time of disposal of this appeal. Those rights have to be established by the

parties in another forum.

We only direct that neither the appellant nor the respondent shall

transfer or assign any right arising out of the mark 'Musa ka gul' in favour of

any third party till the disposal of this appeal.

As the respondent is represented by learned counsel, issuance and

service of the notice of appeal is dispensed with.

We expedite the hearing of the appeal, dispensing with other formalities.

Advocate on record for the appellants will file an informal paper book in

this Court by 23rd July, 2021, serving a copy thereof on the advocate on

record for the respondent at least seven days before the date of hearing of the

appeal.

List this appeal for hearing on 5th August, 2021.

The connected application is disposed of.

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J. )

pkd.//S.Das