Mohan Breweries & Distilleries ... vs M/S.Som Distilleries & Breweries ...
2021 Latest Caselaw 17461 Mad

                                                                                C.S.No.5 of 2011

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 25.08.2021

                                                       CORAM

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                   C.S.No.5 of 2011

                     MOHAN BREWERIES & DISTILLERIES LTD.,
                     No.158, Rayala Towers, II Floor,
                     Anna Salai, Chennai – 600 002.
                     Represented by its Chief Financial Officer
                       & Company Secretary
                     T.Krishnamurthy                                            ...Plaintiff
                                                       .Vs.
                     1.M/s.Som Distilleries & Breweries Limited
                       Rojrachak, Dist. Raisen – 464990
                       Madhya Pradesh.

                     2.M/s.Tamilnadu State Marketing
                         Corporation Ltd.,
                       1, Gandhi Irwin Road,
                       Egmore, Chennai – 600 008.                               ... Defendants


                               Plaint filed under Order VII Rule 1 CPC and Order IV Rule 1 of
                     O.S. Rules and Section 22 of the Designs Act, 2000 praying for a
                     judgment and decree:
                               (a) Granting permanent injunction restraining the defendants by
                     themselves, their servants or agents or anyone claiming through them
                     from in any manner infringing the plaintiff's registered and well

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                                                                                    C.S.No.5 of 2011

                     established bottle design referred as M.O.No.1 either by using the
                     offending identical bottle design referred as M.O.No.2 or in any manner
                     advertising the same;
                               (b) Directing the defendants to surrender to the plaintiff the entire
                     stock of unused offending identical bottle design along with the blocks
                     and dyes for destruction;
                               (c) Directing the defendants to render a true and faithful account of
                     the profits earned by the defendants through the sale of beer by using the
                     offending bottle design and directing payment of such profits to the
                     plaintiff for the infringement committed by the defendants and
                               (d) directing the defendant to pay to the plaintiff the costs of the
                     suit.

                                     For Plaintiff       : Mr.S.Diwakar
                                                           for Mr.Rajesh Ramanathan

                                     For Defendants      : Set exparte

                                                         ********


                                                  JUDGMENT

Mr.S.Diwakar, learned counsel appearing for the plaintiff would

submit that he has instructions from the plaintiff to withdraw the suit. A

memo to that effect has also been filed.

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2. In view of the same, the suit is dismissed as withdrawn.

No costs.

                                                                                     25.08.2021
                     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

25.08.2021 dsa

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R.SUBRAMANIAN, J.

dsa

C.S.No.5 of 2011

25.08.2021

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