Madras High Court
Mrs.Maya Sampat Gujar vs M/S.Central Agencies on 25 July, 2022
C.S.No.523 of 1995
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.No.523 of 1995
1.Mrs.Maya Sampat Gujar,
Proprietress of and trading as
Asugar Engineering Services,
having her office at Nargis
Classic, 1st Floor, 47, Mukund
Nagar, Pune 411 037.
2.Asugar Engineers Pvt. Ltd., a
Company incorporated under the
Companies Act, 1956, having its
registered office at Nargis
Classic, 1st Floor, 47, Mukund
Nagar, Pune 411 037. ... Plaintiffs
vs.
1.M/s.Central Agencies, having
its registered office at
4672/21, Darya Ganj, Delhi
110 002.
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C.S.No.523 of 1995
2.Afrox Limited, a company
incorporated under the laws
of South Africa, having its
office at 23, Webber Street,
Selby, Johannesburg 2001,
South Africa. ... Defendants
PRAYER: Plaint filed under Order VII, Rule 1 of CPC and Order IV, Rule
1 of O.S.Rules read with Sections 27, 28, 29, 105 and 106 of the Trade and
Merchandise Marks Act, 1958, prayed for Judgment and Decree:-
(a) Pass an order and permanent injunction restraining the defendants
by themselves, their servants, dealers, and agents, stockists and
representatives from infringing the first plaintiff's registered trade mark
No.500847 in class 9 by the use of the trade mark AZUCAR-80 or any other
trade mark deceptively similar thereto in relation to welding electrodes and /
or welding apparatus;
(b) Pass an order of permanent injunction restraining the defendants
by themselves, their servants, dealers, agents, stockists, and representatives
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C.S.No.523 of 1995
from using the trade mark AZUCAR-80 or any other trade mark deceptively
similar to the plaintiff's trade mark AZUCAR-80 in relation to welding
electrodes and / or welding apparatus so as to pass off its said goods as or
for the plaintiff's well known welding electrodes and welding apparatus;
(c) Pass an order directing the defendants to pay to the plaintiffs a
sum of Rs.1,05,000/- or such other sum as this Hon'ble Court may deem fit
and proper as and by way of damages for infringing the plaintiff's registered
trade mark AZUCAR-80 and / or for passing off the defendants goods as
and for the goods of plaintiff's or in the alternative the defendant be ordered
and directed to render true and faithful account of the profits made by it by
sale of welding electrodes and welding apparatus bearing the trade mark
AZUCAR-80 and pay to the plaintiffs sum found due on the taking of such
accounts.
(d) Pass an order directing the defendants to deliver up to the
plaintiffs for destruction the defendant's labels, goods, blocks, packing
material, things and other literature bearing the trade mark AZUCAR-80.
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C.S.No.523 of 1995
(e) For interim and ad-interim reliefs in terms of prayer (a) and (b)
above.
(f) For costs of the suit.
For Plaintiffs : Mr.Rahul M.Sankar for
M/s.Arun C.Mohan
For Defendant 1 : M/s.Lita Srinivasan
For Defendant 2 : No appearance
**********
JUDGMENT
In spite of being provided about three opportunities to obtain
instructions with regard to the continued prosecution of the suit, learned
counsel for the plaintiff states that he has been unable to obtain instructions.
In these circumstances, C.S.No.523 of 1995 is dismissed for non-
prosecution without any order as to costs. It is open to the plaintiff to file an
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C.S.No.523 of 1995
appropriate application to re-open proceedings if the cause of action still
survives and instructions are received in respect thereof.
25.07.2022
rna
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.No.523 of 1995
SENTHILKUMAR RAMAMOORTHY,J
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C.S.No.523 of 1995
25.07.2022
https://www.mhc.tn.gov.in/judis
