Madras High Court
L.G.Varadarajulu vs M/S.Raj Ganesh Enterprises on 22 September, 2021
C.S.No.829 of 2001
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.829 of 2001
1.L.G.Varadarajulu
2.M/s.Premier Industrial Drives (Pvt.) Ltd.,
3.M/s.ELGI Ultra Industries Ltd. ...Plaintiffs
Vs.
M/s.Raj Ganesh Enterprises,
32-A, North Usman Road,
T.Nagar, Chennai - 600 017. ...Defendant
Prayer: Plaint filed under Order IV Rule 1 of the original side rules and
Order VII Rule 1 of C.P.C., r/w. Section 108 of the Patents Act, 1970 and
Section 53 of the Designs Act, 1911, praying as follows:-
a) a decree for perpetual injunction restraining the defendants,
their servants, agents assigns and each one of them, from, in any way,
infringing the Patent No.179607 and / or in any way, using any part or
portion of the said Patent specification for manufacture of table top wet
grinders and / or using and / or utilising the said Patent and / or any part or
portion thereof for improvements in or relating to manufacture of table top
wet grinders, in any way, infringing the aforesaid Patent or any part or
portion thereof;
b) a decree of perpetual injunction restraining the Defendants,
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C.S.No.829 of 2001
their servants, agents and assigns and each of them from, in any way, using
any process within the range, scope or purview of the said Patent bearing
No.179607 or any part or portion thereof in any manner whatsoever;
c) a decree of perpetual injunction restraining the Defendants,
their servants, agents and assigns and each of them, from, in any way,
manufacturing or selling or offering for sale or marketing or advertising
table top wet grinders which uses and / or utilise the claims in the
specifications of the said Patent bearing No.179607 and / or any part or
portion thereof and / or which comes within the range, scope and / or
purview of the said patent or any part thereof, in any manner whatsoever;
d) Delivery up upon oath of all apparatus relating to manufacture
of table top wet grinders by the defendants, their servants, agent and assigns
that in any manner have infringed or have been manufactured in accordance
with patent No.179607 and / or Design and verification upon oath that the
defendants do not have in their possession, power, control or custody any
such infringing apparatus.
e) a decree of perpetual injunction restraining the Defendants,
their servants, agents and assigns and each of them, from in any way,
infringing the plaintiff's copy right in its instruction manual or any part or
portion thereof in any manner whatsoever.
f) a decree of perpetual injunction restraining the defendants, their
men, servants, agents assigns and each and any other person claiming under
them, from, in any way manufacturing or selling or offering for sale or
marketing or advertising or otherwise dealing with their Table Top Wet
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C.S.No.829 of 2001
Grinders or any variation thereof which uses and / or utilises the claims and
representations of the plaintiffs' design bearing No.163445 and 163446 and
/ or any part or portion thereof and / or which comes within the range scope
and / or purview of the said design or any part thereof;
g) a decree of perpetual injunction restraining the defendants,
their servants, agents assigns and each one of them, from passing off and
selling their table top wet grinders with their existing design which is a
flagrant copy of the plaintiff's registered design.
h) decree for damages for Rs.5,000/- as claimed herein above as
loss and damages suffered by the plaintiffs together with interest at 24% per
annum from the date of plaint to the date of realisation;
i) directing the defendants and each of them, their servants, agents
and assigns to render true and faithful accounts in respect of the invention
manufactured and sold by the said defendants which infringed Patent
No.179607 and direct an enquiry into the loss and damages suffered by the
plaintiffs by reason of the aforesaid wrongful acts and infringement and
pass a decree for the amount due and payable upon such enquiry;
j) directing the Defendants to pay the costs of the suit.
For Plaintiffs : Mr.Madhan Babu for
Mr.R.Parthasarathy
For Defendant : Ms.S.Varsha for
Mr.A.Prabhakar Reddy
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C.S.No.829 of 2001
JUDGMENT
It is stated that the 1st plaintiff is no more. Mr.Madhan Babu,
learned counsel appearing for the plaintiffs 2 and 3 would submit that he has
instructions to withdraw the suit and seeks to withdraw the suit.
2.Recording the said statement, this suit is dismissed as
withdrawn. No costs.
22.09.2021
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-Speaking
List of witness and documents filed on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendant:
Nil
22.09.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.829 of 2001
R.SUBRAMANIAN, J.
KKN
C.S.No.829 of 2001
22.09.2021
https://www.mhc.tn.gov.in/judis/
