Madras High Court
Jeeva & Co vs / on 30 November, 2021
C.S.No.208 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.11.2021
Coram:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Suit No.208 of 2020
(Comm. Suit)
and
O.A.No.371 of 2020
Jeeva & Co,
Having registered office at,
No.40-42, East Veli Street,
Madurai-01. .. Plaintiff
/versus/
Mohan Meena Arunraj
Proprietress/Partner,
AMSAVALLI BHAVAN,
U-75, 5th Main Road, U Block,
Anna Nagar West, Chennai 600 101. ..Defendant
Prayer:
Civil Suit has been filed under Order VII, Rule 1 of the Code of
Civil Procedure, 1908 read with Order IV, Rule 1 of the High Court O.S.
Rules and Sections 27, 134 and 135 of the Trademarks Act, 1999 and
with Section 7 of the Commercial Courts, Commercial Appellate Courts,
Commercial Division and Commercial Appellate Division of High Courts
Act, 2015 praying to pass a judgment and decree for:-
1/4
https://www.mhc.tn.gov.in/judis
C.S.No.208 of 2020
(a) Perpetual injunction restraining the defendants by themselves,
their directors, assigns, servants, agents, distributors, stockists, dealers,
legal heirs, representatives or any person/entity claiming through or under
them from using, advertising, offering for sale, offering service, hosting
website etc., thereby passing off or enabling others to pass off or cause or
assist others to pass off the defendant's goods/services as and for the
plaintiff's goods/services by use of the trademark/corporate name
“AMSAVALLI BHAVAN” or any other mark similar to that of the
plaintiff's trademark/ corporate name in any manner whatsoever;
(b) Surrender and destruction upon oath of all name boards, sign
boards, bill books, visiting cards, pamphlets, brochures, any advertising
materials, products, packaging materials, cartons, labels, blocks, dyes,
plates, moulds and other materials bearing the impugned mark/corporate
name “AMSAVALLI BHAVAN” or any other mark identical or
deceptively similar to that of the plaintiff's corporate name “AMSAVALLI
BHAVAN” which is in possession, power and custody of the defendant;
(c) A preliminary decree by passed in favour of the plaintiff to
render true and faithful accounts of profits earned by the defendants by
establishing unauthorised companies under the name “AMSAVALLI
BHAVAN” and a final decree be passed in favour of the plaintiffs for the
amount of profits, thus found to have been made by the defendants after
the latter have rendered accounts;
(d) The defendants be ordered to pay a sum of 2,000/- as liquidated
damages for committing acts of passing off;
2/4
https://www.mhc.tn.gov.in/judis
C.S.No.208 of 2020
(e) directing the defendant to pay to the plaintiffs the costs of the
suit.
For Plaintiff : No appearance
------
JUDGMENT
When the matter came up for hearing on 16.11.2021, this Court
gave a final chance to the learned counsel for the plaintiff to take steps to
file an application for substituted service. Till today, the application has
not been filed.
2. In view of the same, this Civil Suit is dismissed for default.
Consequently, connected original application is closed. There shall be no
order as to costs.
30.11.2021
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking
nsa/mk
To
The Sub-Assistant Registrar,
Original Side,
High Court, Madras.
N.ANAND VENKATESH. J.,
https://www.mhc.tn.gov.in/judis
C.S.No.208 of 2020
mk
C.S.No.208 of 2020
(Comm. Suit)
30.11.2021
https://www.mhc.tn.gov.in/judis
