A.R.Safiullah vs Daniel
2021 Latest Caselaw 11071 Mad

Citation : 2021 Latest Caselaw 11071 Mad
Judgement Date : 29 April, 2021

Madras High Court

A.R.Safiullah vs Daniel on 29 April, 2021

                                                                        C.S.No.448 of 2006

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 29.04.2021
                                                      CORAM:
                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 C.S.No.448 of 2006

                     A.R.Safiullah
                     Sole Proprietor & trading as,
                     S.A.Safiullah & Co.,
                     152, Kodambakkam High Road,
                     Nungambakkam,
                     Chennai – 600 034.
                     and also at
                     9610, Rajagopalapuram Main Road,
                     Pudukottai – 622 003,
                     Tamilnadu.                                              ...Plaintiff

                                                         Vs.

                     1.Daniel,
                       Proprietor trading as M/s.Jayam Traders,
                       15/10, Arumugam Road,
                       Sivakasi.

                     2.M/s.Jayam Industries,
                       Rep. By its partner Mrs.Indira Daniel,
                       15/10, Arumugam Road,
                       Sivakasi.

                     3.M.A.Rajabudden,
                       Proprietor, trading as M/s.Shalimar Traders,
                       35/975/210A, Parambil,
                       Kollam – 691003.


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                                                                                     C.S.No.448 of 2006

                     4.Mariappan,
                       trading as Sivagami Agencies,
                       115, North Car Street,
                       Sivakasi.                                                       ...Defendants

                     Prayer: Plaint filed under Order VII Rule 1 of C.P.C r/w Order IV Rule 1 of
                     the Original Side rules r/w. Sections 48, 104, 108 of the Patients Act, 1970,
                     praying as follows:-
                                   a) a permanent injunction restraining the defendants by
                     themselves, their partners, heirs, their legal representatives, successors-in-
                     business, agents, stockists, distributors, assigns, representatives, or any one
                     claiming under them from in any manner infringing the plaintiff's registered
                     patent under No.198079 in respect of “food grade laminated paper, method
                     and apparatus for manufacturing the laminated paper”, by manufacture and
                     sale of products identical to the plaintiff's products and in the method and
                     apparatus by which the plaintiff manufactures the said product;
                                   b) a permanent injunction restraining the defendants by
                     themselves, their partners, heirs, their legal representatives, successors-in-
                     business, agents, stockists, distributors, assigns, representatives, or any one
                     claiming under them from in any manner passing off artificial banana leaves
                     (food grade laminated paper) manufactured and sold by them as and for
                     plaintiff's artificial banana leaves (food grade laminated paper) by using
                     identical/or deceptively similar same colour scheme, getup and layout or in
                     any other manner whatsoever;
                                   c) the defendants be ordered to surrender for destruction to the


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                                                                                    C.S.No.448 of 2006

                     plaintiff all materials and implements used for creation of the infringing
                     goods to be forfeited or destroyed as the Court deems fit in the facts and
                     circumstances of the case;
                                   d) the defendants be directed to pay to the plaintiff, a sum of
                     Rs.10,05,000/- as damages;
                                   e) for costs of the suit.
                                              For Plaintiff     : Mr.Rahul M.Shankar
                                              For Defendants    : Ms.Janani Sankar for
                                                                 Mr.N.Kishore Kumar for D1 & D2
                                                                 Mr.K.Chandrasekar for D3
                                                                 Mr.D.Ferdinand for D4


                                                           JUDGMENT

Mr.Rahul M.Shankar, learned counsel appearing for the plaintiff

would submit that the dispute between the parties has been resolved and

nothing survives in the suit. Hence, he seeks to withdraw the suit.

2.In view of the same, this suit is dismissed as withdrawn. No

costs.

29.04.2021 kkn

Internet:Yes Index:No

https://www.mhc.tn.gov.in/judis/ C.S.No.448 of 2006

Non-Speaking

List of witness and documents filed on the side of the plaintiff:

Nil

List of witness and documents filed on the side of the defendants: