Soura Natural Energy Solutions ... vs Kerala State Electricity Board ...
2021 Latest Caselaw 23063 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
       TUESDAY, THE 23rd DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                            FAO NO. 77 OF 2021
    AGAINST THE ORDER DATED 03.12.2020 IN I.A.No.2/2020 IN OS No.5/2020
                        OF DISTRICT COURT, THRISSUR
APPELLANT/PETITIONER IN IA 2/2020 & PLAINTIFF IN OS 5/2020:

1             M/s SOURA NATURAL ENERGY SOLUTIONS INDIA PVT. LTD.,
              X/126 G, 1ST FLOOR, S.N.D.P. JUBILEE BUILDING,
              CHIRANGARA, KORATTY EAST P.O., CHALAKUDY,
              THRISSUR -680 308, DULY REPRESENTED BY ITS MANAGING
              DIRECTOR MR. MANOJ M.S., AGED 42, S/o SASEENDRAN NAIR,
              RESIDING AT MADATHITHAZHE HOUSE, SUGATHIPERUMBI ROAD,
              CHIRANGARA, KORATTY, CHALAKUDY, THRISSUR-680 308

              BY ADVS. C.K.ANWAR
                       K.S.SUMEESH
                       M.A.SAFEENA


RESPONDENTS/PETITIONERS IN IA 3151/2018 IN OS 18/18:

       1      KERALA STATE ELECTRICITY BOARD LTD.,
              VYDHYUTHI BHAVANAM, PATTOM,
              TRIVANDRUM DULY REP. BY ITS CHAIRMAN

       2      THE CHAIRMAN,
              KERALA STATE ELECTRICITY BOARD LTD.,
              VYDHYUTHI BHAVANAM, PATTOM, TRIVANDRUM

              BY ADV. SUDHEER GANESH KUMAR R, SC, KERALA STATE
              ELECTRICITY BOARD


        THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 FAO No.77 of 2021                     2



                                 JUDGMENT

This appeal came up for admission today. It is against

the order of rejection of injunction sought by the

plaintiff in a suit for injunction alleging infringement of

right under the trade mark by name 'Soura'. The interim

injunction application was rejected by the trial court on

the reason that the trade mark name 'Soura' is a generic

term, over which no right can be obtained either by way of

registration or by way of passing of. Prima facie there is

no reason to interfere with the order of the trial court.

Nothing else was brought to the notice of this court so as

to maintain the appeal herein. Hence, the appeal is

dismissed in limine.

Sd/-

P.SOMARAJAN JUDGE DMR/-