Madras High Court
M/S.Maxtherm (India) Pvt. Ltd vs M/S.Mechtherm Energy Pvt.Ltd on 29 September, 2021
C.S.No.127 of 2021
and A.No.1374 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.127 of 2021
and
A.No.1374 of 2021
1. M/s.Maxtherm (India) Pvt. Ltd.,
Represented by its Managing Director
Mr.Viswanathan Subramani
Having its registered office at
AP 207, 2nd Sector, 9th Street,
K.K.Nagar, Chennai-600 079.
2.M.Viswanathan Subramani,
S/o.E.S.Viswanathan,
AP 207, 2nd Sector, 9th Street,
K.K.Nagar, Chennai-600 079. ... Plaintiffs
Vs.
M/s.Mechtherm Energy Pvt.Ltd.,
Represented by its Managing Director,
Mr.M.Shibu Kumar,
Having its registered office at
No.4 & 5, Door No.1C, Kavya Apartment,
3rd Street, Mogappair East,
Chennai-600 037. ... Defendant
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https://www.mhc.tn.gov.in/judis
C.S.No.127 of 2021
and A.No.1374 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 28, 29, 134 &
135 of Trade Marks Act 1999 and Section 6 of the Commercial Courts Act,
2015, praying for
(a). The defendant by themselves, its legal representatives,
successors in business, servants, agents, distributors, stockists,
representatives and / or all persons claiming under them or acting in concert
with them or otherwise howsoever be restrained by a permanent injunction
of this Hon'ble Court from selling, distributing or offering for sale or Boilers
/ said goods bearing the trademark MECHTHERM and/or device and in any
manner passing off or enabling others to pass off the defendant's
boilers / said goods as and for the goods of the plaintiffs by use of the
trademark or any other mark similar to the trademark of the
plaintiffs or in any other manner whatsoever;
(b). The defendant by themselves, its legal representatives,
successors in business, servants, agents, distributors, stockist,
representatives and / or all persons claiming under them or acting in concert
with them or otherwise howsoever be restrained by a permanent injunction
of this Hon'ble Court from manufacturing, selling, distributing or offering for
sale of boilers / said goods under the trademark MECHTHERM and / or
device or any other trademarks deceptively similar thereto and
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C.S.No.127 of 2021
and A.No.1374 of 2021
thereby infringing plaintiff's registered trademark ;
(c). Direct the defendant to surrender to plaintiff all the packing
material, cartons, advertisement materials, wrappers, moulds, labels, plates
and letter-heads and other materials bearing the trademark MECHTHERM
or any other marks similar to the trademark MECHTHERM for destruction;
(d). For a preliminary decree in favour of the plaintiff, directing
the defendant to render an account of profits made by them by use of the
trademark in relation to the sale of boilers / said goods and for a final
decree in favour of the plaintiff for the amount of the profits found to have
made by the defendant, after the defendant has rendered accounts;
(e). Allowing the costs of the suit to be recovered from the
defendant.
For Plaintiffs : Mr.Shivakumar and Suresh
For Defendant : Mr.Mani Sundar Gopal
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https://www.mhc.tn.gov.in/judis
C.S.No.127 of 2021
and A.No.1374 of 2021
JUDGMENT
(Case has been heard through video conference)
The Plaintiffs and defendant have entered into a compromise
pending suit. A Memo of compromise dated 28.09.2021 signed by both the
parties as well as their Counsels is filed.
2. In view of the memo of compromise dated 28.09.2021 filed by
the parties, the Suit is disposed of. The terms found in paragraph No.6 of
the compromise memo, shall form part of the decree. Consequently,
connected Application is closed. There shall be no order as to costs.
29.09.2021
rpl
Index : Yes/No.
Internet :Yes/No.
https://www.mhc.tn.gov.in/judis
C.S.No.127 of 2021
and A.No.1374 of 2021
DR.G.JAYACHANDRAN, J.
rpl
C.S(Comm.Div.).No.127 of 2021
& A.No.1374 of 2021
29.09.2021
https://www.mhc.tn.gov.in/judis
