Madras High Court
M/S.Prabha Singh Jaswant Singh vs B.Mohamed Yousuff on 27 July, 2021
C.S.No.726 of 2004
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.726 of 2004
M/s.Prabha Singh Jaswant Singh
A partnership firm
No.1 Khan Baoli
Delhi 110 006,
Represented by its Power of Attorney,
Mr.C.Raghu, Advocate ...Plaintiff
Vs.
1.B.Mohamed Yousuff
2.B.Mohamed Sheriff
3.B.Hyder Ali
4.Ponnuswamy Gounder
5.Asian Exports,
15, Lake Area,
6th Cross Street,
Nungambakkam,
Chennai – 600 034. ...Defendants
Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules and
Order VII, Rule 1 of the C.P.C., r/w. Section 28, 134 & 135 of the Trade
Marks Act, 1999, praying as follows:-
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C.S.No.726 of 2004
a) granting a permanent injunction, restraining the defendant, by
themselves, their servants, agents, distributors, or anyone claiming through
them from manufacturing, selling, advertising and offering for sale using the
Trade Mark MAHARAJA in relation to rice of any kind and use the mark in
invoices, letter heads and visiting cards or by using any other trade mark
which is in any way visually, phonetically or deceptively similar to the
plaintiffs registered trade mark MAHARAJA under registration No.325536
in Class 30 or in any manner infringing the plaintiffs aforesaid registered
trade mark.
b) granting a permanent injunction, restraining the respondent, by
themselves, their servants, agents, men, or anyone claiming through them
from manufacturing, marketing, distributing, offering or advertising for sale
rice of any kinds using the Mark MAHARAJA with the device of
MAHARAJA or without the device of MAHARAJA as shown in Document
No.10 or similar sounding names or deceptively similar trade mark in the
course of their business and pass of their Rice as and for the rice of the
plaintiffs by using the expression MAHARAJA or MAHARAJA with the
device of MAHARAJA as shown in Document No.9 or any other trade mark
and name which is in any way deceptively similar to the plaintiffs trade
mark MAHARAJA or enable others to pass off.
c) directing the defendant to surrender to the plaintiffs all the
packing material, cartons, advertisement materials and hoardings, letter-
heads, visiting cards, office stationery and all other materials containing /
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C.S.No.726 of 2004
bearing the Trade Mark MAHARAJA or other deceptively similar Trade
Mark in respect of Rice.
d) for a preliminary decree in favour of the plaintiffs, directing the
defendant to render an account of profits made by them by the use of the
Trade Mark MAHARAJA in relation to rice and for a final decree in favour
of the plaintiffs for the amount of the profits found to have been made by the
defendants, after the defendants have rendered accounts.
e) directing the defendant to pay to the plaintiffs the costs of the
suit, and
f) pass such further or other order, as this Hon'ble Court may
deem fit and proper in the circumstances of the case and thus render justice.
For Plaintiff : Ms.Hemalatha for
Mr.T.Thangamani
For Defendants : Mr.P.Saravana Sowmiyam
JUDGMENT
Mr.P.Saravana Sowmiyan, learned counsel appearing for the
defendants would submit that the matter has been settled by way of a
memorandum of compromise dated 17.11.2008.
2.Ms.Hemalatha, who took time to confirm the said statement
reports no instructions.
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C.S.No.726 of 2004
3.The statement of the learned counsel appearing for the defendant
is recorded and this suit is dismissed as settled out of Court. No costs.
Liberty is reserved to the plaintiff to seek restoration, if necessary.
27.07.2021
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Internet:Yes
Index:No
Non-speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
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C.S.No.726 of 2004
R.SUBRAMANIAN, J.
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C.S.No.726 of 2004
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C.S.No.726 of 2004
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