Madras High Court
Perenniala Health Care India ... vs S.Samsen Papli on 17 April, 2021
C.S.No.170 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.170 of 2011
and
O.A.Nos.235 to 237 of 2011
Perenniala Health Care India Private Limited,
rep. by its Executive Director Mr.S.Ashok Kumar
Ashtalakshmi Apartments,
51/1, 3rd Street,
Anna Nagar East,
Chennai - 600 040. ...Plaintiff
.Vs.
1.
S.Samsen Papli
2.M/s.Franch Herbs Technologies Ltd.,
Rep. by The Official Liquidator,
Office of the Official Liquidator,
High Court, Madras,
No.29, Rajaji Salai,
Chennai - 600 001.
3.M/s.F.M.Herbs Technologies,
a Partnership firm rep. by its
Partner Mr.Ramesh Jain
Old No.61, Krishnappa Naicken Agraharam Street,
Kondithope, Chennai - 600 079.
... Defendants
https://www.mhc.tn.gov.in/judis/
C.S.No.170 of 2011
Plaint filed under Order IV Rule 1 of Original Side Rules and
Order VII Rule 1 of Civil Procedure Code read with Sections 27, 134 and
135 of the Trade Marks Act, 1999, Sections 51, 55 and 62 of Copyright
Act, 1957 and Sections 34, 38 and 40 of the Specific Relief Act, 1963
praying for:
a) A declaration that the plaintiff is having exclusive right and
entitled to use and exploit the FRANCH trademarks and copyright in the
artistic work thereto by virtue of the deed of assignment dated
08.01.2008 executed by the defendants 1 and 2 in favour of the plaintiff,
filed as Suit Document No.14;
b) A declaration that the assignment deeds dated 09.10.2007,
24.01.2009 and 06.02.2009 executed in favour of the defendant No.3 is
nonest, null and void and the marks/ artistic works allegedly assigned
thereunder or tracing through any other instrument/deed/ document and
acts done by the defendants consequent thereto either individually or as
group of individuals or through their company/ firm is not binding on the
plaintiff and will not affect the deed of assignment dated 08.01.2008
executed by the defendants 1 and 2 in favour of the plaintiff;
c) A permanent injunction retraining the defendants by themselves,
their proprietor/ partners/ directors as the case may be, heirs. Legal
representatives, successors-in-business, assigns, servants, agents,
https://www.mhc.tn.gov.in/judis/
C.S.No.170 of 2011
distributors, retailers, stockists or any one claiming through or under
them from in any manner using the trademarks FRANCH, FRANCH
OIL, FRANCH OIL NH/NH+ word and label or any other mark/ label
deceptively similar thereto, its variants, combinations thereof or with
FRANCH as prefix or suffix in any manner, any form, in relation to
ayurvedic, healthcare, herbal, medicinal products and allied goods,
services or using as a trade name, trading style, domain name, website
and exporting any such products or doing any other thing adversely
affecting the rights vested in the plaintiff in the said trade marks or in any
other manner whatsoever;
d) A permanent injunction restraining the defendants by
themselves, their proprietor/partners/directors as the case may be, heirs,
legal representatives, successors-in-business, assigns, servants, agents,
distributors, retailers, stockists or any one claiming through or under
them from in any manner interfering with the plaintiff's use and/or
commercial exploitation of the trade marks/ artistic work FRANCH,
FRANCH OIL word and label, FRANCH OIL NH, NH+ its variants,
combinations thereof or with FRANCH as prefix or suffix, utilizing the
same in relation to its business, goods, products and services or in any
other manner whatsoever;
e) A permanent injunction restraining the defendants by
themselves, their proprietor/partners/directors as the case may be, heirs,
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C.S.No.170 of 2011
legal representatives, successors-in-business, assigns, servants, agents,
distributors, retailers, stockists or any one claiming through or under
them from in any manner infringing the plaintiff's copy right in the
artistic work FRANCH OIL NH label by substantially reproducing the
same by use of identical or similar artistic work/label or in any other
manner whatsoever;
f) The defendants be directed to pay to the plaintiff, jointly and
severally, a sum of Rs.1,00,00,000/- as compensatory and punitive
damages for the various illegal activities committed by them detrimental
to the plaintiff's business interests;
g) The defendants be ordered to surrender all the goods, products,
able, packaging, bottles, caps, containers, invoices, letter heads,
stationery materials, moulds, blocks, dies and such other materials
containing the trademark FRANCH or its variants, combinations thereof
with FRANCH as prefix or suffix, for the purpose of destruction;
h) The defendants be ordered to render true and faithful accounts
of all profits earned by them on account of use of all the FRANCH
trademarks after assignment of the same to the plaintiff and a preliminary
decree be passed in this respect and a final decree be passed in favour of
the plaintiff for the amount of profits thus found to have been made by
the defendants after the latter have rendered accounts and
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C.S.No.170 of 2011
i) for costs of the suit.
For Plaintiff : No appearance
For Defendants : Mr.M.R.Gokul Krishnan
for Mr.K.Rajasekaran
********
JUDGMENT
The learned counsel for the plaintiff had filed a memo reporting no
instructions on 15.09.2020. Pursuant to which this Court had ordered
notice to the plaintiff. It appears that the said notice was also returned
with endorsement “There is no such office at the above said address
with respect to the plaintiff.” Till date no one has entered appearance for
the plaintiff. The name of the plaintiff is also printed in the cause list. In
view of the above, it is clear that the plaintiff is not interested in
prosecuting the suit.
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C.S.No.170 of 2011
2. Hence, the suit is dismissed for non-prosecution. No costs.
Consequently, the connected original applications are closed. The
learned counsel for the plaintiff is required to inform the plaintiff through
E-Mail regarding the dismissal of the suit.
17.04.2021
dsa
Index : No
Internet : Yes
Non-speaking order
List of the witnesses examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the plaintiff: Nil
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
17.04.2021
https://www.mhc.tn.gov.in/judis/
C.S.No.170 of 2011
R.SUBRAMANIAN, J.
dsa
C.S.No.170 of 2011
17.04.2021
https://www.mhc.tn.gov.in/judis/
