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HC restrains partners from using name of Aakash FIT-JEE
7/30/2010 10:30:57 PM

Early Times Report
Jammu, July, 30: Following dispute between the two partners running a franchise of a popular coaching institute in Jammu First, Additional Munisff ( Forest ) has temporarily restrained Dr Raj Bharat Bhagat from using the name of Aakash IIT-JEE as franchise name till next date of hearing.
A popular Chemistry teacher H.K. Kudyar and Dr Raj Bharat had earlier entered into a partnership for the purpose of running an educational coaching centre in Jammu.
The two became partners in the ratio of 40: 60 in profits and losses and opened different branches of the centre.
Dr Bhagat looked after the administrative work and HK Kudyar handled the teaching assignments.
After some time as some dispute surfaced between the two partners HK Kudyar filed a suit for dissolution and rendition of accounts. Since the partnership had no fixed term therefore the partnership is at will.
According to the suit filed by HK Kudyar, Dr Raj Bharat wanted to unsurp the entire business and the assets of the firm by excluding his partner.
Despite making several attempts to convince Dr Raj Bharat from using the assets of the firm, including the franchise name he refused to do so and is still continuing to use it for his own use.
The notice of the suit for dissolution has been served to Dr Raj Bharat Bhagat.
In the suit, Kudyar has alleged that Dr Bhagat duped him of lakhs of rupees and committed fraud to earn easy money. He should not be allowed to misuse the name of the franchise to further his business interests by fradulent means as in the law the firm stands dissolved.It may be mentioned that Kudyar had invested several lakhs of rupees in the franchise and all the payments were made through cheque from time to time to advertisers, for purchase of furniture, franchise fees etc.
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