Madras High Court
Also Carrying On Its Business At vs Mr..Jitendra Manohar Balladkar on 20 October, 2021
C.S.No.95 of 2021
and O.A.Nos.152 & 153 of 2021
and A.No.1010 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.95 of 2021
and
O.A.Nos.152 & 153 of 2021
and A.No.1010 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.
P.Siva Sakthivel. ... Plaintiff
Vs.
Mr..Jitendra Manohar Balladkar,
Sole Proprietor of
M/s.Paushtik Foods,
Gate No.451/1/1. Tapakir Nagar,
Opp. Kendriy Vihar, Pune- Nashik Road,
Moshi,
Pune – 412105. ... Defendant
1/5
https://www.mhc.tn.gov.in/judis/
C.S.No.95 of 2021
and O.A.Nos.152 & 153 of 2021
and A.No.1010 of 2021
Prayer: The Civil Suit has been filed under Order VII Rule 1 C.P.C., read with
order IV Rule 1 of High Court O.S. Rules and Section 134 and 135 of the Trade
Marks Act 1999 and Section 7 of the Commercial Courts Act, 2015, praying for:-
(A). For a permanent injunction restraining the Defendant by himself,
his heirs, legal representatives, successors-in-business, agents, servants, distributor
or any one claiming through him from in any manner infringing the plantiffs
registered trademark AROKYA by using the mark AROGYA or AAROGYA 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 himself,
his heirs, legal representatives, successors-in-business, agents, servants, distributor
or any one claiming through him 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(s) AROGYA or AAROGYA or any other mark which is deceptively
similar and identical to the Plaintiff's trademark AROKYA in any manner
whatsoever;
(C). For a permanent injunction restraining the Defendant by himself,
his heirs, his representatives, successors-in-business, agents, servants, distributors
or any one claiming through him in any manner whatsoever from using or
redirecting to the domain name www.aarogyafood.com or any other domain name
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https://www.mhc.tn.gov.in/judis/
C.S.No.95 of 2021
and O.A.Nos.152 & 153 of 2021
and A.No.1010 of 2021
which is deceptively similar and identical to the Plaintiff's registered trademark
AROKYA;
(D). Directing the Defendant to surrender to the Plaintiff all the products
with the offending labels, stocks with offending labels together with the blocks
and dies, name boards, sign boards etc. for destruction;
(E). Direct the Defendant to transfer the domain name
www.aarogyafood.com or any other domain name deceptively similar and
identical to that of the Plaintiff's registered trademark AROKYA;
(F). Directing the Defendant to render true and faithful accounts of the
profits earned by them through the sale of the offending dairy products bearing the
offending trademark labels and directing payment of such profits to the Plaintiff;
(G). Directing 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;
(H). Directing the Defendant to pay to the Plaintiff the costs of the suit.
For Plaintiff : Mr.Prashant Alai, for
M/s.Suran & Surana
JUDGMENT
(Case has been heard through video conference)
https://www.mhc.tn.gov.in/judis/
C.S.No.95 of 2021
and O.A.Nos.152 & 153 of 2021
and A.No.1010 of 2021
A memo filed by the plaintiff stating that the defendant has
communicated vide e-mail dated 29.06.2021 that he has discontinued the business
operations in the name and style of AROKYA.
2. In view of the said communication, the plaintiff seeks withdrawal of
the suit with liberty to initiate fresh proceedings, in case the defendant infringes
the plaintiff's trademark AROKYA in future.
3. Recording the memo, the Suit is dismissed as withdrawn with liberty
as prayed. Consequently, all connected applications are closed. No order as to
costs.
20.10.2021
Index : Yes/No.
Internet :Yes/No.
rpl
https://www.mhc.tn.gov.in/judis/
C.S.No.95 of 2021
and O.A.Nos.152 & 153 of 2021
and A.No.1010 of 2021
DR.G.JAYACHANDRAN, J.
rpl
C.S(Comm.Div.).No.95 of 2021
and O.A.Nos.152 & 153 of 2021
and A.No.1010 of 2021
20.10.2021
https://www.mhc.tn.gov.in/judis/
