Madras High Court
Also Carrying On Its Business At vs M/S.Mettu Vaishno Shree on 5 October, 2021
C.S.No.7 of 2021
and O.A.Nos.370 & 371 of 2021
& A.Nos.2171 & 2172 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.7 of 2021
and
O.A.Nos.370 & 371 of 2021
and A.Nos.2171 & 2172 of 2021
Hatsun Agro Product Ltd.,
Having registered office at
No.1/20-A, Rajiv Gandhi Salai (OMR),
Karapakkam, Chennai-600 097
Also carrying on its business at
Old No.AD-83/New No.AD13,
Anna Nagar, Opp:IOB Towers Branch,
Chennai-600 040.
Represented by its Authorized Signatory. ... Plaintiff
Vs.
M/s.Mettu Vaishno Shree,
Sole Proprietor of
M/s.VS Agro Foods,
2nd Floor, 1-6-287/A/38/1,
Kaladharnagar Colony,
Musheerabad,
Hyderabad-500 020. ... Defendant
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https://www.mhc.tn.gov.in/judis/
C.S.No.7 of 2021
and O.A.Nos.370 & 371 of 2021
& A.Nos.2171 & 2172 of 2021
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original
Side Rules read with Order VII Rule 1 of C.P.C, and Sections 134 & 135 of
Trade Marks Act 1999 and Section 7 of the Commercial Courts Act, 2015,
praying for
(a). For a permanent injunction restraining the defendant, by
herself, her heirs, legal representatives, successors-in-business, agents,
servant, distributors or any one claiming through her from in any manner
infringing the plaintiff's registered trademark AROKYA by using the mark
AROGYA-AMRUTH or any other deceptively similar mark in any manner
whatsoever causing infringement to the plaintiff's registered trademark as
described in the schedule to the plaint;
(b). For a permanent injunction restraining the defendant, by
herself, her heirs, legal representatives, successors-in-business, agents,
servant, distributors or any one claiming through them from in any manner
whatsoever from passing off and enabling others to pass off the defendant's
business as that of the plaintiff's by using the mark AROGYA-AMRUTH or
any other mark which is deceptively similar or identical to the plaintiff's
trademark AROKYA in any manner whatsoever;
(c). Directing the defendant to surrender to the plaintiff all the
products and stocks with the offending labels, together with the blocks, dies,
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https://www.mhc.tn.gov.in/judis/
C.S.No.7 of 2021
and O.A.Nos.370 & 371 of 2021
& A.Nos.2171 & 2172 of 2021
name boards, sign boards, etc., for destruction;
(d). Directing the defendant to render true and faithful accounts
of the profits earned by them through the sale of the products bearing the
offending trademark labels and directing payment of such profits to the
plaintiff;
(e). Directing to the defendant to pay to the plaintiff a sum of
Rs.1,00,000/- as damages for committing acts of infringement of trademark
and passing off.
For Plaintiff : Mr.Prashant Alaiter
For Defendant : Mr.Rahul M.Shankhar
JUDGMENT
(Case has been heard through video conference)
The parties have entered into a compromise and had filed a memo
of compromise reducing the terms of compromise in the memo dated
05.10.2021.
2. In view of the memo of compromise dated 05.10.2021 filed by
the parties, the suit is decreed in terms of compromise memo. The memo of
https://www.mhc.tn.gov.in/judis/
C.S.No.7 of 2021
and O.A.Nos.370 & 371 of 2021
& A.Nos.2171 & 2172 of 2021
compromise shall form part of the decree. Consequently, all the connected
applications are closed. No order as to costs.
05.10.2021
rpl
Index : Yes/No.
Internet :Yes/No.
https://www.mhc.tn.gov.in/judis/
C.S.No.7 of 2021
and O.A.Nos.370 & 371 of 2021
& A.Nos.2171 & 2172 of 2021
DR.G.JAYACHANDRAN, J.
rpl
C.S(Comm.Div.).No.7 of 2021
and O.A.Nos.370 & 371 of 2021
and A.Nos.2171 & 2172 of 2021
05.10.2021
https://www.mhc.tn.gov.in/judis/
