Madras High Court
Mr.A.D.Padmasingh Isaac vs D.B.Halingali & Co on 18 October, 2022
C.S.(Comm. Div.)No.158 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.10.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.(Comm. Div.) No.158 of 2022
and
A.No.3442 of 2022
and
O.A.Nos.493 & 494 of 2022
in
C.S.(Comm. Div.) No.158 of 2022
1.Mr.A.D.Padmasingh Isaac
Proprietor, Aachi Spices and Foods
Old No.4, New No.181/1
6th Avenue, Thangam Colony
Anna Nagar, Chennai – 600 040.
2.M/s.Aachi Masala Foods Private Limited
No.1926, 34th Street, I Block,
Ishwarya Colony, Anna Nagar West,
Chennai – 600 040
Represented by its Director
Mr.Ashwin Pandian. .. Plaintiffs
Vs.
D.B.Halingali & Co.,
A.P.M.C. Yard,
Jamkhandi – 587 301. .. Defendant
This Civil Suit is preferred, under Order IV Rule 1 of the Original
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C.S.(Comm. Div.)No.158 of 2022
Side Rules and Order VII Rule 1 of Civil Procedure Code, 1908 read
with Sections 27(2), 29, 134 and Section 135 of the Trade Marks Act,
1999 praying for the following reliefs:
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C.S.(Comm. Div.)No.158 of 2022
For Plaintiffs : Ms.T.Hemalatha
For Defendant : Mr.T.Jeyanthi Mani Selvam
JUDGMENT
This judgment/order will now dispose of the captioned main suit
and the captioned three applications.
2.To be noted, the captioned matter is listed under the cause list
caption 'FOR REPORTING SETTLEMENT'.
3.Ms.T.Hemalatha, learned counsel for the two plaintiffs and
Mr.T.Jeyanthi Mani Selvam, learned Counsel on Record for the sole
defendant are before this Commercial Division. Both learned counsel
submit that parties to the captioned main suit have since settled the lis
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C.S.(Comm. Div.)No.158 of 2022
and they have reduced the terms of settlement to writing vide a
'Memorandum of Compromise dated 12.10.2022' [hereinafter 'said MOC'
for the sake of convenience and clarity]. A scanned reproduction of said
MOC (together with docket) is as follows:
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4.To be noted, in the plaint, the plaintiffs in paragraph 2 have
averred that they are not aware of the constitution of the defendant.
However, now learned counsel for defendant submits that the defendant
is a proprietary concern. Learned counsel submits that Mr.Dharmanna B.
Halingali is carrying on business in the name and style of 'D.B.Halingali
& Co.,' as proprietor. A scanned reproduction of vakalatnama of the
defendant as available in this case file (together with docket) is as
follows:
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5.Adverting to the signature in the vakalatnama, both learned
counsel submit that the same person i.e., Mr.Dharmanna B. Halingali
who has executed the vakalatnama has executed said MOC also.
6.As regards the presence of the parties, learned counsel on both
sides submit that there is some difficulty for the respective parties
(feeling under the weather as regards plaintiffs and difficulty in traveling
as regards defendant). They submit that said MOC was signed in the
presence of each other and on this basis, both counsel request for
dispensing with presence of parties. Owing to the facts, circumstances of
the case on hand, trajectory the matter has taken and considering contents
of said MOC, this dispense with prayer is acceded to.
7.Both learned counsel also request for a compromise decree in the
main suit in terms of the said MOC. This request is also acceded to.
8.Captioned main suit i.e., C.S.(Comm. Div.)No.158 of 2022 is
decreed in terms of said MOC which shall now form part of the judgment
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C.S.(Comm. Div.)No.158 of 2022
and decree. Consequently, captioned three applications are disposed of as
closed. There shall be no order as to costs.
18.10.2022
pgp
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C.S.(Comm. Div.)No.158 of 2022
M.SUNDAR, J.
pgp
C.S.(Comm. Div.) No.158 of 2022
and
A.No.3442 of 2022
and
O.A.Nos.493 & 494 of 2022
in
C.S.(Comm. Div.) No.158 of 2022
Dated : 18.10.2022
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