M/S.Maya Appliances Private ... vs Butterfly Gandhimathi ...
2022 Latest Caselaw 4426 Mad

                                                                           O.S.A.Nos.68 to 70 of 2017

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 07.03.2022

                                                     CORAM :

                                   THE HON'BLE MR. JUSTICE M.DURAISWAMY
                                                    AND
                                  THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                            O.S.A.Nos.68 to 70 of 2017
                                        and C.M.P.Nos.5265 to 5267 of 2017
                                              in O.S.A.No.68 of 2017

                   1.M/s.Maya Appliances Private Limited,
                     No.10/5, Royal Enclave,
                     Besant Avenue, Adyar,
                     Chennai – 600 020.
                     also having factory at
                     #3/140, I.T. Highway, Oggiyam,
                     Thoraipakkam,
                     Chennai – 600 097.
                     rep by its Authorized Signatory R.Mohan
                   2.Vijay Srinivasan
                   3.N.D.Venkatesan                             .. Appellants in all 3 O.S.As

                                                         Vs.

                   Butterfly Gandhimathi Appliances Ltd.,
                   143, Pudupakkam Village,
                   Kelambakkam – Vandalur Road,
                   Kancheepuram District – 603 103.             .. Respondent in all 3 O.S.As

                             Appeals filed under Order XXXVI Rule 1 of the Original Side Rules
                   against the order dated 09.01.2017 as modified by order dated 16.02.2017


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                                                                             O.S.A.Nos.68 to 70 of 2017

                   made in O.A.No.814 of 2016, Application No.4773 of 2016 & O.A.No.815
                   of 2016 in C.S.No.677 of 2016.
                             For Appellants      : Mr.P.S.Raman, Senior Counsel
                             (in all 3 O.S.As)     for M/s.T.K.Bhaskar

                             For Respondent : Mr.Bharath
                             (in all 3 O.S.As)
                                            COMMON JUDGMENT
                                  (JUDGMENT WAS MADE BY M.DURAISWAMY, J.)
                             Heard Mr.P.S.Raman, learned senior counsel appearing on behalf of

                   Mr.T.K.Bhaskar, learned counsel appearing for the appellants and

                   Mr.Bharath, learned counsel appearing for the respondent.



                             2.The appellants have filed the above appeals challenging the order

                   passed in O.A.No.814 of 2016, Application No.4773 of 2016 and

                   O.A.No.815 of 2016 in C.S.No.677 of 2016.



                             3.When the appeals are taken up for hearing, Mr.P.S.Raman, learned

                   senior counsel appearing for the appellants submitted that instead of going

                   into the merits of the above appeals, it would be suffice to direct the

                   respondent to file their written statement and complete the trial as

                   expeditiously as possible.



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                                                                           O.S.A.Nos.68 to 70 of 2017

                             4.The learned counsel appearing for the respondent submitted that

                   the respondent would file their written statement within a week's time. The

                   learned counsel further submitted that the documents relating to the design

                   registration, which are to be obtained from Calcutta, shall be produced as

                   soon as they get or at the time of trial.


                             5.In view of the submissions made by the learned counsel on either

                   side, the above Original Side Appeals are closed, with a direction to the

                   respondent/defendant to file their written statement within a week's time.

                   The respondent shall also file the documents relating to the design

                   registration as soon as the same are obtained by them or at least at the time

                   of trial. We also request the learned Single Judge to expedite the matter and

                   to dispose of the suit in C.S.No.677 of 2016, independently, without being

                   influenced by the observations made in the applications in O.A.Nos.814 &

                   815 of 2016 and Application No.4773 of 2016. No costs. Consequently, the

                   connected miscellaneous petitions are closed.




                   Index : Yes/No                                [M.D., J.] [T.V.T.S., J.]
                   va                                                    07.03.2022
                   Note: Issue order copy on 08.03.2022.


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                                                  O.S.A.Nos.68 to 70 of 2017



                                        M.DURAISWAMY, J.

and T.V.THAMILSELVI, J.

va

O.S.A.Nos.68 to 70 of 2017 and C.M.P.Nos.5265 to 5267 of 2017 in O.S.A.No.68 of 2017

07.03.2022

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