1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal 194 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard learned counsel . 2. The suit (RCS No.54/1997) was filed by the Respondent No.1 which is a registered firm, through its partner for relief of perpetual injunction on the ground that present appellant Ramesh was indulging in running business of cloth by misusing the goodwill of the firm and in the name of the plaintiff firm. The suit was partly decreed holding that the appellant was not entitled to deal in business in the name of the plaintiff firm. The first appellate Court also confirmed the said decree. 3. There are concurrent findings of facts rendered by both the Courts. In view of "Gurdev Kaur and others Vs. Kaki and others" AIR 2006 Supreme Court 1975, the concurrent findings of facts can not be disturbed in the Second Appeal, even though the findings are improper. No interference is called for. The Second Appeal is outside the scope of Section 100 of the C.P.C. and as such is dismissed. It is however, made clear that the appellant is injuncted from dealing in cloth business in the name of the plaintiff-firm but is not prohibited from dealing business in any other name. (V.R.KINGAONKAR,J.) Dt.11.11.2009. asp/office/sa194.09