Madras High Court
Hatsun Agro Product Ltd vs S.Jakir Hussain on 31 January, 2022
C.S.No.142 of 2021
(Comm.Suit)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 31.01.2022
Coram:
THE HONOURABLE MR JUSTICE N.ANAND VEKATESH
Civil Suit No.142 of 2021
(Comm.Suit)
Hatsun Agro Product Ltd.,
Having registered Office at
No.1/20-A, Rajiv Gandhi Salai (OMR)
Karapakkam, Chennai 600 097.
And 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 Authorised Signatory,
Mr.Rajesh D.R. .. Plaintiff
.vs.
S.Jakir Hussain,
Sole Propreitor, Gold Ruby Garments
No.28/28, KNP Colony 1st Street,
Kangayam Cross Roads, Tirupur-641 60,
Tirupur Dist., Tamil Nadu. ..Defendant
Prayer:
Civil Suit has been filed under Order VII Rule 1 CPC read with
Order IV Rule 1 O.S.Rules and Sections 134 and 135 of the Trade Marks
Act, 1999 and Section 7 of the Commercial Courts Act, 2015, pleased to
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C.S.No.142 of 2021
(Comm.Suit)
grant a judgment and decree on the following terms:-
a) For a permanent injunction restraining the defendant, by himself,
his heirs, legal representatives, successors-in-business, agents, servants,
distributors or any one claiming through him from in any manner infringing
the plaintiff's registered trademark OYALO by using the mark OYALO,
OYALO, OYALO, or any other identical or 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,
distributors or any one claiming through him 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 OYALO, O!YALO, OYALO, or
any other mark which is identical or deceptively similar to the plaintiff's
trademark OYALO in any manner whatsoever;
c) Directing the defendants to surrender to the plaintiff all the
products and stocks with the offending labels, together with the blocks,
dies, name boards, sign boards, etc., for destruction;
d) Directing the defendants to render true and faithful accounts of
the profits earned by them through the sale of the offending products
bearing the offending marks and labels; and further directing payment of
such profits to the plaintiff;
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e) Directing the defendants to pay the plaintiff a sum of
Rs.10,00,000/- as damages for committing acts of infringement of
trademark and passing off;
f) Directing the defendants to pay to the plaintiff the cost of the suit;
G) Grant such further or other reliefs;
For Plaintiff : Mr.Prashant Alai
for M/s. Surana & Surana (law firm)
For Defendant : Mr.R.Sathish Kumar
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JUDGMENT
The present suit was filed by the plaintiff with the grievance that the
defendant is infringing upon the registered trademark of the plaintiff and
accordingly, various reliefs were sought for against the defendant.
2. During pendency of the suit, the parties were able to reach a
settlement and accordingly, a memo of compromise has been filed before
this Court.
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3. A scanned reproduction of the memo of compromise is as follows:
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4. In view of the above, the Civil Suit is decreed in terms of
memorandum of compromise and the memorandum of compromise shall
form part of the decree.
5. Since the compromise has been arrived at by the parties even
before framing of issues, this Court is inclined to permit the plaintiff for
refund of the entire Court fee paid by them. The learned counsel for the
plaintiff fairly submitted that the Court fee that is refunded can be directly
sent to the State Legal Services Authority, High Court, Chennai. The
learned counsel for the plaintiff shall file an appropriate memo and the
entire Court fee shall be refunded and it can be directly paid to the State
Legal Services Authority, High Court, Chennai. Considering the facts and
circumstances of the case, there shall be no order as to costs.
Consequently, connected applications are closed, if any.
31.01.2022
mk
Internet: Yes
Index : Yes/No
To
The Sub-Assistant Registrar,
Original Side,
https://www.mhc.tn.gov.in/judis
C.S.No.142 of 2021
(Comm.Suit)
High Court, Madras.
N.ANAND VENKATESH,J.
mk
Civil Suit No.142 of 2021
(Comm.Suit)
31.01.2022
https://www.mhc.tn.gov.in/judis
