M/S.Tvs Srichakra Limited vs M/S.Falcon Tyres Limited
2021 Latest Caselaw 14919 Mad

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                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 26.07.2021

                                                         CORAM

                            THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                                  C.S.No.254 of 2006

                     M/s.TVS Srichakra Limited,
                     Rep. by its Secretary, P.Ramesh                                    ...Plaintiff

                                                                 ..vs..
                     M/s.Falcon Tyres Limited,
                     Rep. by its Chief Executive Officer.                            ...Defendant

                     Prayer:Civil Suit filed under Order VII Rule I read with Order IV Rule
                     1 of the O.S.Rules and Section 22 of Design Act 2000, praying for the
                     following:
                        a) granting permanent injunction restraining the defendant, its men,
                     agents, servants or any other person claiming under the defendant from in
                     any way selling its ZEBRA 101/CHALLENGER 101 or any other tyre
                     with the same and tread pattern as that of the plaintiff's DRAGON tyre.

                        b) granting a preliminary decree directing the defendant to furnish
                     accounts for the sales of ZEBRA 101/CHALLENGER 101 tyres from
                     the date of its launching and also produce the moulds of the said tyre.

                       c) Directing the defendants to pay Rs.10,01,000/- to the plaintiff as
                     damages for loss of business and reputation.

                          d) directing the defendant to pay the costs of the suit.

                                         For Plaintiff   : M/s.G.Sumithra
                                         For Defendants : Mr.K.Mahendran



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

The suit is of the year 2006 filed for injunction restraining the

defendant from infringing the registered design of the plaintiff in

DUNLOP CHALLENGER 101 and ZEBRA 101, which is strikingly

similar to the plaintiff's design on their product DRAGON tyres. Also

relief seeking damages for the lose of business and reputation sought in

the plaint.

2.On completion of pleadings, this Court framed issues on

02.04.2007. Thereafter, except litigation on the interlocutory

applications, nothing progressed. Today, when the matter is taken up for

further proceedings, the learned counsel appearing for the defendant

states that in Company Petition No.304 of 2008, the defendant Company

was wound up on 31.03.2013. There is no production or infringement of

design.

3. On considering the above submission, this Court finds that

nothing survives in the suit to slog over. Hence, taking note of the long

pending of the suit for more than 15 years and ceasure of operation of the https://www.mhc.tn.gov.in/judis/

defendant Company for more than 10 years, the suit is disposed of, as the

relief sought in the suit does not survive. No costs.

26.07.2021

vri

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

DR.G.JAYACHANDRAN,J.

VRI

C.S.No.254 of 2006

26.07.2021

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