Microland (India) Limited vs Microland Limited
2024 Latest Caselaw 3388 Kant

Karnataka High Court

Microland (India) Limited vs Microland Limited on 5 February, 2024

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                                                          NC: 2024:KHC:4896
                                                        RFA No. 947 of 2008




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF FEBRUARY, 2024

                                           BEFORE
                             THE HON'BLE MR JUSTICE C M JOSHI
                       REGULAR FIRST APPEAL NO. 947 OF 2008 (INJ)

                   BETWEEN:

                   MICROLAND (INDIA) LIMITED,
                   220, 2ND FLOOR, JAIPUR TOWERS,
                   OPP.AIRMI ROAD, JAIPUR-302 001.
                   REP. BY ITS DIRECTOR
                   MR.RAVINDRA SINGH BHANDARI.
                                                               ...APPELLANT
                   (BY SRI SURAJ SAMPATH, ADVOCATE)

                   AND:

                   MICROLAND LIMITED,
                   NO.58, 80 FT. ROAD,
                   KORAMANGALA 7,
                   BANGALORE-560 095.
                   REP. BY ITS COMPANY SECRETARY.
Digitally signed                                           ...RESPONDENT
by ANNAPURNA       (BY MISS SHIVANI SHRIVASTAVA, ADVOCATE FOR
G                      SRI ANUBHA SRIVASTAVA, ADVOCATE)
Location: High
Court of
Karnataka                THIS RFA IS FILED U/S 96 R/W ORDER XLI RULE (1) OF
                   THE CPC 1908 AGAINST THE JUDGEMENT AND DECREE DATED
                   03.06.2008 PASSED IN OS NO. 10268/96 ON THE FILE OF THE
                   XIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE,
                   (CCH-22), PARTLY DECREEING THE SUIT FOR PERMANENT
                   INJUNCTION.

                        THIS APPEAL COMING ON FOR FINAL HEARING THIS
                   DAY, THE COURT DELIVERED THE FOLLOWING:
                                  -2-
                                                    NC: 2024:KHC:4896
                                               RFA No. 947 of 2008




                             JUDGMENT

Learned counsel for the appellant and the respondent are

present.

2. The defendant before the trial Court in

O.S.No.10268/1996 had approached this Court in appeal being

aggrieved by the judgment passed by the XIII Additional City

Civil Judge, Mayohall, Bengaluru dated 03.06.2008, whereby,

the trial Court had decreed the suit restraining the defendant

from using trade mark MICROLAND and dismissed the claim in

respect of the accounts and mandatory injunction.

3. Now, a joint memo has been filed by the learned

counsel for the appellant and the respondent stating that the

appellant/defendant's company has officially changed its name

from M/s. Microland (India) Ltd. to M/s. Microzone

Communications Limited and the certificate of the incorporation

has been enclosed to the said memo. It is stated that in view of

the change of name of the appellant-company, the present

appeal do not survive for consideration.

4. It is submitted that the respondent-company has

not filed any appeal or cross-objections in respect of rejection

NC: 2024:KHC:4896

of their claim in respect of mandatory injunction as well as

accounts.

5. In that view of the matter, the appeal do not

survive as it has become infructuous. Consequently, the joint

memo filed by the parties is taken on record and the appeal is

disposed of as it has become infructuous.

Sd/-

JUDGE

NR/-