C.S.(Comm. Div) No.139 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.09.2022
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
C.S.(Comm. Div) No.139 of 2022
M/s.Haritha Automation Private Ltd.,
No.10, Gowda Mutt Road
Royapettah
Chennai – 600 014
Rep. by its Director Mr.Anandh Jain ... Petitioner
vs.
Mr.Mahaveer D Patil
Proprietor M/s.Tushar Enterprises
Gala No.3, 37, Digamber Jain Boarding
Mahavir Nagar, Sangli
Maharashtra 416 416 ... Respondent
Civil Suit filed under Order IV Rule 1 of O.S.Rules read with Order VII
Rule 1 CPC Sections 27,28,29, 134 and 135 of the Trade Marks Act, 1999
and Section 7 of the Commercial Courts, Commercial Division and
Commercial Appellate Division of the High Courts Act, No.4 of 2016 to
grant judgment and decree of permanent injunction restraining the
Defendant, themselves, its proprietor/directors/partners and other unknown
persons as the case may be, successors-in-business, servants, agents,
distributors, dealers, stockists, shop keepers, wholesalers, retailers,
representatives, assigns and all other persons claiming through or under
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C.S.(Comm. Div) No.139 of 2022
them from infringing the registered trademark MAXSELL of the Plaintiff by
manufacturing selling and/or distributing money counting machines, UV
Detectors, Electronic Safety, Lockers, Electronic Weighing sale and various
other products under an almost identical mark MAXVELL with similar
colour scheme or any other similar or identical mark and in any other
manner whatsoever; permanent injunction restraining the Defendant,
themselves, its proprietor/directors/partners and other unknown persons as
the case may be, successors-in-business, servants, agents, distributors,
dealers, stockists, shop keepers, wholesalers, retailers, representatives,
assigns and all other persons claiming through or under them from
manufacturing selling, offering for sale and/or distributing money counting
machines, UV Detectors, Electronic Safety, Lockers, Electronic Weighing
sale and various other products which would amount to passing of their
products as and for the plaintiff's products by using a deceptively similar
mark MAXVELL with similar colour scheme, or any other similar or
identical mark and in any other manner whatsoever; the defendant be
ordered to surrender to the plaintiff for destruction of all lables, cartons,
containers, packaging materials, blocks, dyes, prints, screen prints, notices,
pamphlets, advertisements, hoardings and other promotional materials
bearing the mark MAXVELL which is identical to the plaintiff's registered
trademark MAXVELL; pass a preliminary decree in favour of the plaintiff
directing the defendants for rendition of their accounts of sales and profits
of the impugned goods sold by the defendants under the impugned mark
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C.S.(Comm. Div) No.139 of 2022
MAXVELL and a final decree be passed in favour of the plaintiff for the
amount of profit found to have been made by the Defendants after such
accounts are rendered; the defendant be ordered and decreed to pay to the
plaintiff a sum of Rs.10,00,000/- as punitive and compensatory damages for
committing acts of infringement of trademark and passing off of
MAXVELL and to pay costs of the proceedings.
For petitioner : Mr.H.Siddarth
For Respondent : Mr.Siddarth Govind
ORDER
In the captioned matter, Mr.H.Siddarth, learned counsel for sole plaintiff company and Mr.Siddarth Govind, learned counsel for sole defendant are before this Court.
2. Both the aforementioned learned counsel submit that the plaintiff and defendant have settled the captioned main suit out of Court and have reduced the terms of settlement into a Joint Memo of Compromise dated 15.09.2022 [hereinafter 'said MOC' for the sake of convenience and clarity]. Page No.3/6 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div) No.139 of 2022 Both learned counsel have jointly placed before this Court said MOC and a scanned reproduction of the same together with docket is as follows:
Both the learned counsel, on instructions, submit that the parties would abide by the terms of the aforesaid MOC and request for the captioned suit to be decreed in terms of said MOC. Both learned counsel submit that the parties who have signed said MOC have the authority to do so.
To be noted, plaintiff is a Company and the defendant is proprietory concern. This Court is informed that Proprietor has signed the said MOC Mr.Mahaveer D.Patil has signed the said MOC. Both the learned counsel request for dispensing with the presence of the parties for recording said MOC.
Considering the nature of the matter and contents of said MOC, the request is acceded to.
Captioned suit is decreed in terms of said MOC which shall form part of judgment and decree. Consequently, all captioned applications are disposed of as closed. There shall be no order as to costs. Page No.4/6 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div) No.139 of 2022 22.09.2022 Speaking/Non-speaking order Index : Yes / No Internet : Yes / No mk Page No.5/6 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div) No.139 of 2022 M.SUNDAR.J., gpa C.S.(Comm. Div) No.139 of 2022 22.09.2022 Page No.6/6 https://www.mhc.tn.gov.in/judis