The Canara Land Investment Ltd vs Apeejay-Surendra Park Hotels Ltd
2021 Latest Caselaw 24076 Mad

                                                                              C.S.61 of 1996

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated :07.12.2021

                                                         Coram:

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                               Civil Suit No.61 of 1996

                     The Canara Land Investment Ltd.,
                     Manipal-576 119,
                     Karnataka State,
                     Rep by its Power of Attorney
                     Mr.N.Mahalinga Bhat.                                 .. Plaintiff

                                                         /versus/

                     1. Apeejay-Surendra Park Hotels Ltd.,
                        15, Parliament Street,
                        New Delhi.

                     2. Park Hotel (P) Ltd.,
                        17, Park Street,
                         Calcutta - 700 016.

                     3. Vizag Sea Park Hotel (P) Ltd.,
                        Apeejay House,
                        No.3, Dinshaw Vachha Road,
                        Bombay 400 020.

                     4. Apeejay Limited,
                        12, Haddows Road,
                        Madras-600 006.                                   ..Defendants




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                           C.S.61 of 1996

                     Prayer: Civil Suit has been filed under Section 120 F of the Trade and
                     Merchandise Marks Act, 1958 and Order IV, Rule 1 of the Original Side
                     Rules, praying to pass a judgment and decree for:-

                                  (a) for a declaration that the threats contained in the cease and
                     desist notice dated 22-12-1995 is unjustifiable and groundless;
                                  (b) for grant permanent injunction, restraining the respondents,
                     their servants, agents, or anyone claiming through them from continuing
                     the threat against the use of the expression "Hotel Green Park", by any
                     circular, notices, advertisement, or in any manner against the plaintiff;
                                  (c) for grand permanent injunction, restraining the respondents,
                     their servants, agents, men and representatives, or anyone claiming
                     through them from asserting exclusive right over the expression "PARK"
                     in respect of the plaintiff's use of the expression "Green Park Hotel";
                                  (d) directing the defendants to pay to the plaintiff's the costs of the
                     suit and
                                  (e) pass such further, or other orders, as this Hon'ble Court may
                     deem fit and thus render justice.
                                               For Plaintiffs        :Ms.Gladys Daniel
                                               For Defendant         :Mr.K.Premchandar
                                                            ------
                                                           JUDGMENT

The learned counsel for the plaintiff has filed a memo and

has reported no instructions.

https://www.mhc.tn.gov.in/judis C.S.61 of 1996

2. The memo is taken on file and the Civil Suit is dismissed for

non-prosecution. There shall be no order as to costs. Consequently,

connected applications are closed, if any.

07.12.2021

Index:yes/no nsa/rka

N.ANAND VENKATESH. J.,

https://www.mhc.tn.gov.in/judis C.S.61 of 1996

nsa/rka

C.S.No.61 of 1996

07.12.2021

https://www.mhc.tn.gov.in/judis