Madras High Court
Unknown vs Asiatic Engineers Private ... on 31 August, 2021
C.S.No.494 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.494 of 1999
1. L.G.Varadarajulu
(Deceased on 19.05.2010)
2. Dark Horse Portfolio Investment Limited
(Amended as per order dated 02.08.2021 in
Appl. No. 2608 of 2021 in C.S.No.494 of 1999)
3. M/s.ELGI Ultra Industries Ltd.,
...Plaintiffs
Vs.
Asiatic Engineers Private Limited,
13/11, East Patel Nagar,
New Delhi.
(Amended as per order dated 12.01.2000 in
Appl. No. 4086 of 1999 in C.S.No.494 of 1999)
...Defendant
PRAYER: Plaint FILED under Order IV Rule 1 of O.S.Rules read with
Order VII Rule I of the Civil Procedure Code; and Sections 53 and 54 of
the Designs Act, 1911 and Sections 55 and 58 of The Copyright Act
praying for :
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C.S.No.494 of 1999
a) A decree of perpetual injunction, restraining the defendants,
their men, servants, agents assigns and each and any other person
claiming under them, from, in any way manufacturing or selling or
offering for sale or marketing or advertising or otherwise dealing with
their product Maharaja Whiteline Supra Table Top Wet Grinders or any
variation thereof which uses and/ or utilises the claims and
representations of the plaintiffs' design bearing No.163445 and 163446
and/ or any part or portion thereof and/ or which comes within the range
scope and/ or purview of the said design or any part thereof;
b) A decree of perpetual injunction, restraining the defendants,
their servants, agents assigns and each one of them, from passing off and
selling their table top wet grinders with their existing design which is a
flagrant copy of the plaintiff's registered design;
c) Delivery up upon oath of all dies, casts, apparatus etc., relating
to manufacture of table top wet grinders by the defendants, their servants,
agent and assigns and each one of them that in any manner have
infringed Registered Design Nos.163445 & 163446 dated 25 th July 1991
and verification upon oath that the defendants do not have in their
possession, power, control or custody any such infringing dies, c asts or
apparatus.
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C.S.No.494 of 1999
d) A decree of perpetual injunction restraining the defendants,
their servants, agents and assigns and each of them from in any way,
infringing the plaintiff's copy right in its instruction manual or any part or
portion thereof in any manner whatsoever
e) Decree for damages for Rs.1,00,000/- as claimed hereinabove as
loss and damages suffered by the plaintiffs together with interest at 24%
per annum from the date of plaint to the date of realisation;
f) directing the defendants and each of them, their servants, agents
and assigns to render true and faithful accounts in respect of the
infringing goods sold by the said defendants which infringed Design and
direct an enquiry into the loss and damage suffered by the plaintiffs by
reason of the aforesaid wrongful acts and infringement and pass a decree
for the amount due and payable upon such enquiry and
g) directing the defendants to pay the costs of the suit.
For Plaintiffs : Mr.Harshavardhanan Ganesan
for Mr.R.Parthasarathy
For Defendant : Mr.Ram Kumar
Mrs.Nrindha Mohan
********
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C.S.No.494 of 1999
JUDGMENT
Mr.Harshavardanan Ganesan, learned counsel representing the
counsel for the plaintiff would submit that they have instructions to
withdraw the suit.
2. Recording the same, the suit is dismissed as withdrawn. No
costs.
31.08.2021
dsa/ep
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 defendant: Nil
List of Exhibits marked on the side of the defendant: Nil
31.08.2021
dsa/ep
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C.S.No.494 of 1999
R.SUBRAMANIAN, J.
dsa/ep
C.S.No.494 of 1999
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