Kalyan Jewellers India Private ... vs Lalitha Jewellery Mart Private ...
2021 Latest Caselaw 18455 Mad

                                                                                   C.S.No.712 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 08.09.2021

                                           CORAM : JUSTICE N.SESHASAYEE

                                                     C.S.No.712 of 2015


                     Kalyan Jewellers India Private Ltd.,
                     Having its Corporate Office at
                     TC 32/204/1, Sitaram Mill Road
                     Pukunnam, Thrissur – 680 002.
                     And its place of business at
                     Opposite Kasi Arcade
                     Thyagaraya Nagar
                     Chennai – 600 017.
                     Represented by its Authorized Signatory           ...          Plaintiff

                                                             Vs.

                     Lalitha Jewellery Mart Private Ltd.,
                     123, Usman Road
                     Panagal Park, T.Nagar
                     Chennai – 600 017.                                ...          Defendant



                     Prayer : Civil Suit filed under Order IV Rule 1 of O.S. Rules read with
                     Order VII Rules 1 of CPC., praying to pass a decree and judgement :
                                    (a) Perpetual injunction restraining the defendant, its men,
                                        servants, agents, assigns, director, officers or any person
                                        claiming       through       or    under      them      from
                                        issuing/circulating/publishing the offending advertisement/s,
                                        filed as Plaint Document No.1, or any other similar
                                        advertisement in print or any other media, or
                                        disparaging/denigrating the plaintiff's products or business

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                                                                                    C.S.No.712 of 2015

                                      either directly or indirectly or in any other manner whatsoever
                                      by making false and misleading representations or otherwise;

                                   (b) Perpetual injunction restraining the defendant, its men,
                                       servants, agents, assigns, director, officers or any person
                                       claiming through or under them from making any false,
                                       misleading and disparaging representations or from making
                                       any disparaging statements / representations in respect of the
                                       Plaintiff and its products;

                                   (c) Perpetual injunction restraining the defendant, its men,
                                       servants, agents, assigns, director, officers or any person
                                       claiming through or under it from redistribution / copying
                                       and/or distribution of the advertisements filed as Plaint
                                       Document No.1, or any other similar material, including point
                                       of sale material like danglers, posters etc., to any agent,
                                       trader, distributor or any other person, whatsoever;

                                   (d) The defendant be ordered and decreed to pay to the plaintiff a
                                       sum of Rs.1,00,00,000/- as special damages for acts of
                                       disparagement committed by the defendant;

                                   (e) Order costs:

                                   (f) for such further or other reliefs as this Court may deem fit and
                                       proper in the circumstances of the case.


                                      For Plaintiff       : Ms.Preeti Mohan

                                      For Defendant       : Mr.C.Kathiravan

                                                        JUDGMENT

The learned counsel for the plaintiff seeks withdrawal of the suit as the

matter is settled out of Court. The counsel for the defendant also submits

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C.S.No.712 of 2015

that the defendant withdraws the counter claim, and he has made

endorsement to that effect in the case bundle.

2. Recording the above, this suit is dismissed as withdrawn. Registry is

directed to refund the Court fee as per law. No costs.

08.09.2021

ds

Index : Yes / No Internet : Yes / No

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

C.S.No.712 of 2015

N.SESHASAYEE.J.,

ds

C.S.No.712 of 2015

08.09.2021

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