Texmo pumps 3 hp electric motor

Texmo Industries, the retirement deed evidencing the retirement of Mrs. Aqua Sub Engineering were executed. Similarly, the retirement of Shri R. Texmo Industries was executed alongwith the reconstitution of all the three firms with new partners.

On the same day, a Deed of Agreement was also entered into between the original partners. Under the Deed of Agreement, the respondents No. To endorse the assumed assigned right, the respondents did not file the necessary applications as contemplated under the said Act.

The signature of the assignor or the consent application by the assignor as well as the assignee ought to have been filed. The respondents, on their own filed the application in form TM 24 for registering themselves as subsequent proprietors.

The Registrar, without issuing any notice to the applicants, passed orders in all the three applications submitted by the respondents No. Consequently, the order of the Registrar is in violation of the principles of natural justice. He further contended that there is no assignment of goodwill in favour of respondents No.

In such a case, the assignment has to be enforced within six months. Since the Registrar acted without jurisdiction, the rectification is sought for. Per contra, Shri N. Sharma, for Shri C. Daniel, on behalf of the respondents No. Texmo Industries, the first applicant firm was manufacturing all the goods. Aqua Sub Engineering were formed. As and when the two firms were formed, the manufacture of classes of goods were also divided among themselves.

Without any confusion in the trade, all the three firms were involved in manufacturing the distinct goods as agreed upon. When the partners in all the three firms are the same, no question of grant of license to respondents No. The Deed of Agreement dated Kumaravelu is an integral part of the other three agreements of the Deed of Partnership and the Deed of Retirement. Hence, the consent mentioned in the Deed of Agreement is only by way of assignment for the use of the same trade mark by respondents No.

When the contents of the documents were not disputed and when the conduct Of the parties as well at the circumstances under which the documents have come into existence were also not disputed, it is not open to the applicants now to contend that the consent is only a license.

Similarly, Section 39 2 of the Act has no application as there is no proposal for assignment. The assignment has already been made in since when respondents No. The Registrar, after perusal of the documents has passed the order.

When the applicants have also filed form TM 24 not only to give effect to the reconstitution of the partnership firm but also to record them as proprietors of the trade mark without notice to the respondents, it is not open to the applicants to contend that the respondents have violated the procedure contemplated under the statute. The action of the respondents is only a counter action for the action of the applicants No.

The Registrar has given effect to the intentions of the parties only and as such, no rectification is needed. Kumaravelu, for the manufacture and sale of electrical motors and different types of pumps. The registration was granted in respect of the following goods:. This was in the year , with an agreement that the first respondent is to manufacture self priming pumps upto 1.

Similarly, in the year , the second respondent firm was formed with the same partners with an agreement for manufacturing submersible pump sets alone. In September, , one of the brothers Shri R.

Damayanthi Ramachandran, the second applicant was admitted as partner in the three firms with effect from The business was continued till dispute arose between the partners. A family arrangement was arrived at on 4. Kumaravelu, the third respondent herein representing the first applicant firm and the respondents No. Texmo Industries shall continue to be carried on by the Ramachandran branch, i. Damayanthi Ramachandran by admitting her sons Arjunan and Shivam as partners with effect from 1.

Aqua Sub Engineering shall continue to be carried on by the R. Kumaravelu branch by taking his daughter Ms. Tara and or his wife Homai Kumaravelu as partners with effect from 1. Damayanthi Ramachandran shall retire from these two firms. Consequent to this family arrangement, on Aqua Pump Industries deed of partnership and retirement dated Homai Kumaravelu and Dr. Adenwalla on one side Mrs. Damayanthi Ramachandran on the other side.

Aqua Pump Industries partnership was reconstituted with Shri R. Adenwalla as the partners and Mrs. Damayanthi Ramachandran retired from the firm and partnership with effect from 1. Aqua Sub Engineering and the partnership was reconstituted with the retirement of Mrs.

Damayanthi Ramachandran with effect from 1. By another document, the Texmo Industries Deed of Partnership and retirement was entered into by which Mrs. Damayanthi Ramachandran has taken Shri P. Krishnan and Shri H. Ravi Kumar as partners of Texmo Industries alongwith her and the partnership firm Texmo Industries was reconstituted with the retirement of Shri R. On the same day, the deed of agreement between Shri R. Damayanthi Ramachandran was executed.

So far as the partnership deeds are concerned, the business carried on by the three partnership firms are to be taken by the newly constituted partnership firms respectively. The second applicant filed TM 24 on Aqua Sub Engineering as subsequent proprietors and to strike out the goods mentioned in Schedules I and II of the deed of agreement from the registration of Trade Marks in the name of the first applicant respectively.

Aqua Sub Engineering are concerned, there is no dispute. In fact, admittedly, the second applicant filed the application TM 24 on The second applicant and the third respondent, the original in all the three firms at the time of dissolution and reconstitution of all the three firms, entered into an agreement on the very same day in respect of the use of the firms' trade mark since the deeds of dissolution and reconstitution are very silent on this aspect.

It is not the case of the applicant that no such agreement was entered into between the parties. It is also not the case of the applicant that having executed the said agreement, the same was not acted upon. Hence, the fact remains that the agreement entered into between both the parties in only confirming the rights of the parties existed prior to It is the case of the respondents that under the said agreement, they have been assigned the trade mark 'TEXMO'.

On the contrary, it is the case of the applicants that no such assignment was given. It is only a consent of the applicant for the respondents to use the trade mark in respect of their goods and as such, it is not open to the respondents to seek the assignment as subsequent proprietors. In order to consider this dispute, it is necessary to look into the terms of the agreement. In the preamble to the agreement dated Kumaravelu as the first party and Mrs. Damayanthi Ramachandran as the second party, it is stated that the Aqua Pump Industries and the Aqua Sub Engineering, for the sake of brevity referred to as Aqua.

Aqua Sub Engineering and the fact that the continued use of the said trade marks is essential and material to the business, the parties have mutually agreed that as an integral part of the terms and conditions of the reconstitution of the business contained in the deed of partnership and retirement, the rights and property in respect of the said trade marks in respect of those products manufactured by the firms Aqua shall belong to the said firms Aqua.

To appreciate the terms of the agreement alongwith their intention, the same is extracted below:. Kumaravelu, son of Late. Ramaswamy, aged about 37 years, residing at , Avanashi Road, Coimbatore, hereinafter called "the party of the First Part. Damayanthi Ramachandran, wife of Late Mr. Ramachandran, aged about 43 years, residing at 16, A. Whereas, the Registered Trade Marks No. Whereas, the parties of the First and Second Parts are also partners in the firm and partnership "Aquapump Industries" Coimbatore with minor R.

Kumaravelu from the firm and partnership Texmo Industries and in the retirement of Mrs. Arjunan would also cease to enjoy the benefits of partnership in Aquapump Industries. Whereas, taking into consideration the fact that the said trade marks were being used in respect of the products manufactured by Aquapump Industries and Aquasub Engineering and the fact that the continued use of the said trade marks is essential and material to the business, the parties have mutually agreed that as an integral part of the terms and conditions of the reconstitution of the business contained in the Deed of Partnership and Retirement, the rights and property in respect of the said trade marks in respect of those products manufactured by the firms 'AQUA' shall belong to the said firms 'AQUA'.

In accordance with the terms and conditions of the Deeds of Partnership and Retirement dated 24th May and in consideration of the party of the first part relinquishing all his rights and interest in the said firm and partnership Texmo Industries on account of retirement and in consideration of payment of Rs. The consent in respect of the said trade marks conferred herein is partial and restricted to the products described in Schedules I and II and the rights and title in the said trade marks other than the rights herein agreed shall continue to be the property of the firm Texmo Industries,.

The purpose of consent herein conferred is to vest in the said firms 'AQUA', the exclusive ownership and all rights incidental thereto in the said trade marks in respect of the specified products described a in Schedule I to the firm Aquapump Industries, and b in Schedule II to the firm Aquasub Engineering.

It is mutually agreed that in the event of any breach or infringement of any of the clauses of this agreement by the party of the First part, which term shall include his heirs, successors or assigns, or by the said firms "Aqua" or by any partner s of any of the said firms "Aqua", the party of the First part shall be liable and shall indemnify the party of the Second part or her heirs, successors or assigns for all losses, costs damages including liquidated damages.

It is mutually agreed that in the event of any breach or infringement of any of the clauses of this agreement by the party of the Second part, which term shall include her heirs, successors or assigns, or by the said firm "Texmo Industries", or by any partner s of any of the said firm "Texmo Industries", the party of the Second part shall be liable and shall indemnify the party of the First part or his heirs, successors, or assigns for all losses, costs, damages including liquidated damages.

The parties have agreed to do all necessary or required acts, deeds and execute all such documents and papers including applications to Registrar of Trade Marks as may be necessary to give effect to these presents with utmost dispatch. Centrifugal Pumps and Monoblocks upto and including 1 H. Lateral channel pumps and lateral channel Monoblocks of any capacity which run on single phase current. Any other type of pump or monoblock including self priming centrifugal pumps and rnonoblocks, which run on single phase current used for domestic purposes.

Prom the above salient terms, it is very clear from Clause 1, that Mrs. Damayanthi Ramachandran does not have any objection to the said firms Aqua in applying for, owning and using the trade marks 'TEXMO' in respect of those products being manufactured or to be manufactured by the said firms Aqua, specifically described in Schedules I and II. Clause 2 specifies that the consent given under Clause 1 is restricted to products described in Schedules I and II and the rights and title in the said trade marks other than the rights specified under the agreement, shall continue to be the property of first respondent.

Clause 3 mentions that the purpose of consent is to vest in the firms 'AQUA', the exclusive ownership and all rights incidental thereto in the trade marks in respect of the specified products described in Schedules I and II.

In order to get this right, Shri R. Kumaravelu paid a sum of Rs. Clause 4 contemplates the assurance of Shri R. Similarly, Clause 5 contemplates the assurance of Mrs. Damayanthi Ramachandran that the firm Texmo Industries or the successors thereof shall use the trade mark Texmo only in respect of the products prescribed in Schedule III and shall not use the said trade mark in respect of the products manufactured or to be manufactured by the said firms Aqua prescribed in Schedules I and II.

Clause 6 contemplates that the Aqua firms can use the trade mark only in respect of the products specified in Schedules I and II of the agreement and the agreement shall not confer on Shri R.

Kumaravelu or on the Aqua firms to use the firm's name Texmo Industries or the word 'TEXMO', as the name of any concern, firm, company or organisation any unit or business. The restriction herein is that Aqua firms cannot use the first applicant's name or the trade mark as their firm name.

Clause 10 specifies the agreement between the parties to do all the necessary or required acts, deeds and execute all such documents and papers including applications to register the trade marks as may be necessary to give effect to the presence of the agreement.

From the documents enclosed, it is clear that till August, , there is no dispute and the parties were carrying on their business in conformity with the agreement dated From this notice, it is clear that the grievance of the second applicant is that the Aqua Pump Industries is using the Texmo mark other than Schedule I products and also manufacturing Schedule III products.

So far as the agreement is concerned, there is a clear admission in the said notice in the following terms:. Texmo Industries, as the owner has, of course, the unrestricted but would voluntarily use the same on electric motors, pumps included in Class 7 including centrifugal pumps, mono block pumps, domestic pumps, reciprocating piston pumps and sugarcane crushing machines Schedule-III.

From this notice, it is very clear and distinct that the second applicant had explicitly admitted the agreement between herself and the third respondent with regard to the use of the registered trade mark. But contrary to the terms of agreement dated Yet another pertinent fact to be remembered is in O.

Texmo Industries formed the sister concern Aqua Pump Industries in the year as partners and in the year , they formed the firm Aqua Sub Engineering as partners. When once the partners of the partnership firm are the registered proprietors of the trade mark till the dissolution of the partnership comes into effect, the partners of the firm are deemed to continue as the proprietors of the registered trade mark.

Texmo Industries are the registered proprietors of the trade mark. When on their own volition, the new firms were constituted and the manufacture of products was divided, there cannot be any license in favour of the newly constituted firms. The partners being the registered proprietors of the trade mark cannot grant any license to use the trade mark in their own favour. If at all any license comes to play, it can be only by the registered proprietors of the trade mark in favour of a third party for the use of the said registered trade mark.

In this case, as already stated, the brothers being the partners of the registered firm, they are entitled to use their registered trade mark in respect of all their goods provided the goods fall within the classified group for the use of the trade mark.

On the death of one of the brothers, the second applicant had been inducted as the partner in all the three firms and thereby the second applicant and the third respondent became the registered proprietors of the trade mark. When the division came in , both the partners of the firm being the registered proprietors of the trade mark, thought fit to arrive at a family arrangement by the division of the business, i. Texmo Industries started the Aqua Pump Industries in and the Aqua Sub Engineering in and made a division of the manufacturing of the goods by the respective three firms.

Hence, the second applicant and the third respondent might have thought prudent to divide the business as such for each branch and executed the three deeds of partnership and dissolution dated In terms of those deeds, the second applicant to take the Texmo Industries and the third respondent to take the other two, the Aqua Pump Industries and the Aqua Sub Engineering.

When this division of business had been decided, both thought sensible in entering into a separate agreement for the proprietorship and use of the trade mark by all the three firms respectively since the partnership and dissolution deeds are silent on this aspect.

A separate deed of agreement was entered into about which there is no dispute. This deed of agreement seems to have come into existence only to reinforce the manner in which the business of the three firms were carried on and to continue the same in the same manner as all along it has been carried on.

After the execution of the deed in May, , the parties carried on their business as before and continue the same whereby the two firms, Aqua Pump Industries and Aqua Sub Engineering had been manufacturing the goods which are specified in Schedules I and II to the deed of agreement which they were manufacturing from their formation. Hence, the intention of the parties as derived from their conduct as well as their entering into the deed of agreement, dissolution of partnership is clear that the three firms, the first applicant and respondents No.

When the deed of agreement came into existence alongwith the deeds of dissolution and partnership on the same day, it has to be taken as part of the same transaction, especially, when it deals with the ownership and use of the trade mark.

As already stated, when the second applicant and the third respondent are the proprietors of the trade mark 'TEXMO' and when the deeds of dissolution did not specify any clause regarding the proprietorship, none of the partners can claim exclusive ownership over the said trade mark.

Hence, no question of license, assignment, permission or consent by one to the other would arise. The deed of agreement between the parties confirms the joint proprietorship and specifies that after dissolution, all the three firms can use the same in respect of their goods. Single Phase Submersible Pumps for Residential and Shakti Pumps India Ltd, No 2, Gem Garden Stewarts Lloyds Pumps 4 Africa supply industrial and submersible pumps, borehole pumps and water pumps for industry, mining and petro chemical.

Submersible Pumps in Tamil Nadu V4 v6 1hp to 10hp Get deals on Taro Jet Pumps at Tradeindia. Pumps company's catalogues and technical brochures. CRI made its humble beginning in Our company independently,which is affiliated with Liming Group,aims to provide a range of stone crushing and stone milling solutions to customers around the world,Which is our former brand..

In order to supply better service for global customer, we need some agent or distributor to help us to promote our machines in their market and provide better service to our customer. Company name All rights reserved. High Quality Mining Machines. High Qulity Mining Machines. Type of end use: CRI - Industrial Pump, Water Pump Traduire cette page CRI Pumps is a leading manufacturer of pumps, pipes, wires cables, valves solar system for industrial markets including residential, industries, mining, many more.

Calculating HP or capacity of pump for Traduire cette page Can you guide me how to select capacity of Submersible Pump for my borewell. Chennai Pumps Dealers and Suppliers of Traduire cette page providing wide range of motors and pumps and after-sales service and support. Downloads Price Lists - Pumps 4 Africa Traduire cette page Stewarts Lloyds Pumps 4 Africa supply industrial and submersible pumps, borehole pumps and water pumps for industry, mining and petro chemical.

Pumps catalogues and technical brochures - Search C. Cri motor 1hp precio - unicorn-fitness cri 1 hp sub motor rate - apmgorg. About us Our company independently,which is affiliated with Liming Group,aims to provide a range of stone crushing and stone milling solutions to customers around the world,Which is our former brand..