Madras High Court
Mohan Breweries & Distilleries ... vs M/S.Balaji Distilleries Ltd on 20 July, 2021
C.S.No.252 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.252 of 2006
Mohan Breweries & Distilleries Ltd.,
No.158, Royala Towers, II Floor,
Anna Sali, Chennai – 600 002.
Represented by its Vice-President
(Finance) & Company Secretary
T.Krishnamurthy ...Plaintiff
.Vs.
1.M/s.Balaji Distilleries Ltd.,
No.9, Bazullah Road,
T.Nagar, Chennai – 600 017.
2.M/s.United Breweries Ltd.,
100/1, Richmond Road,
Bangalore – 560 025. ... Defendants
Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
and under Order IV Rule 1 of the Original Side Rules and Section 22 of
the Designs Act, 2000 praying for a judgment and decree:
a) Granting permanent injunction restraining the defendant by
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C.S.No.252 of 2006
themselves, their servants or agents or anyone claiming through them
from in any manner infringing the plaintiff's registered and well
established bottle design together with the device of three eagles at the
top on all the four sides of the bottle by using the offending identical
bottle design together with the device of three eagles at the top on all the
four sides of the bottle 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 together with the device
of three eagles at the top on all the four sides of the bottle 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.Rajesh Ramanathan
For Defendants : Mr.Madhan Babu for D1
Mrs.Aishwarya
for Mr.Rangarajan for D2
********
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C.S.No.252 of 2006
JUDGMENT
The suit has been filed by the plaintiff praying
a) Granting permanent injunction restraining the defendant by
themselves, their servants or agents or anyone claiming through them
from in any manner infringing the plaintiff's registered and well
established bottle design together with the device of three eagles at the
top on all the four sides of the bottle by using the offending identical
bottle design together with the device of three eagles at the top on all the
four sides of the bottle 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 together with the device
of three eagles at the top on all the four sides of the bottle 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) for costs of the suit.
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C.S.No.252 of 2006
2. Mr.Rajesh Ramanathan, learned counsel appearing for the
plaintiff would submit that he has got instructions to withdraw the suit
and he has also filed a memo to that effect.
3. Hence, the suit is dismissed as withdrawn. No costs.
20.07.2021
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
20.07.2021
dsa
R.SUBRAMANIAN, J.
dsa
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