Madras High Court
Jorawar Singh vs Sambhu Singh on 18 October, 2022
C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.10.2022
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
C.S (Comm Div) No.84 of 2022
&
O.A.Nos.250 and 251 of 2022
&
A.No.1895 of 2022
in
C.S (Comm Div) No.84 of 2022
Jorawar Singh
Sole Proprietor of M/s.Ratan Marketing
No.99, Govindappa Naicken Street
Chennai – 600 001 ... Plaintiff
Vs.
1. Sambhu Singh
2. Kheem Singh
Sole Proprietor
Trading as Deepak Trading Co.
38/39, Krishnappa Tank Street
Kondithope, Chennai
3. Shri.Krishna Enterprises
Plot No.2375, Ground Floor
Block No.B, DSIIDC
Industrial Area, Narels
Delhi – 110 040 ... Defendants
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
Civil Suit filed under Order VII Rule 1 CPC and Order IV Rule 1 of
Original Side Rules read with Sections 27, 28, 29, 134 and 135 of the
Trademarks Act, 1999 to grant a judgment and decree on the following
terms:
a. a permanent injunction restraining the Defendants, by itself,
its lawful assignees, men, servants, agents, distributors, stockiest,
representatives or any one claiming through or under them from in
any manner infringing the plaintiff's registered trademarks 'AGL
GOLD' under Nos.3300882 and 5021643 in Class 09 by
manufacturing, marketing, using or in any other manner dealing
with electrical products under the trademark KGL GOLD or in any
other manner whatsoever;
b. a permanent injunction restraining the Defendants, by itself,
its lawful assignees, men, servants, agents, distributors, stockiest,
representatives or any one claiming through or under them from in
any manner passing off and/or enabling others to pass off the
Defendant' products under the trademark 'KGL GOLD' as and for
the plaintiff's products by manufacturing, selling or offering to sell,
distributing, displaying, printing, stocking, using advertising their
products with a trademark and /or label that is identical with that of
the plaintiff's AGL GOLD trademark or in any other manner
whatsoever;
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
c. The Defendants be ordered to surrender to the Plaintiff for
destruction of all products, labels, cartons, dyes, blocks, moulds,
screen prints, packing materials and other materials bearing the
trademark ' KGL GOLD' or any mark deceptively similar to
plaintiff's trademark AGL GOLD;
d. a preliminary decree be passed in favour of the plaintiff
directing the Defendants to render account of profits made by use
of trademark 'KGL GOLD' and a final decree be passed in favour
of the plaintiff for the amount of profits thus found to have been
made by the Defendants after the latter have rendered accounts;
e. for costs of the suit; and
f. pass such other or other reliefs as this Hon'ble Court may
deem fit and necessary in the circumstances of the case and thereby
render justice.
For Plaintiff : Mr.R.Sathish Kumar
For Defendants : Mr.A.Prakash
for Mr.A.Swaminathan for D1 and D2
D3 Given up
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
JUDGMENT
Captioned suit is listed under the cause list caption 'FOR
REPORTING SETTLEMENT'.
2. Mr.R.Sathish Kumar, learned counsel on record for sole plaintiff
and Mr.A.Prakash, learned counsel on record for defendants 1 and 2 are
before this Commercial Division.
3. The case file brings to light that third defendant has been given up
by the plaintiff on 11.10.2022. This means that there is one plaintiff and
two defendants in the captioned suit now.
4. Both aforementioned learned counsel submits that lis has been
since settled between both sides and the same has been reduced to writing in
terms of a 'Joint Memorandum of Compromise dated 17.10.2022'
[hereinafter 'said JMOC' for the sake of brevity, convenience and clarity]
5.Both learned counsel have placed before this Commercial Division
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
said JMOC and a scanned reproduction of the same (along with docket) is
as follows:
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
6.Both learned counsel request for a compromise decree in the main
suit in terms of said JMOC.
7. As regards the presence of the parties, both sides submit that there
is some difficulty for the parties in being present before this Commercial
Division today. However, learned counsel submit that said JMOC has been
signed by the plaintiff as well as defendants 1 and 2 in the presence of each
other and signatories are those who have signed the pleadings in the main
suit and make a request for dispensing with the presence of the parties. On
this basis, request acceded to.
In the light of narrative thus far, captioned suit is decreed in terms of
aforementioned JMOC, which shall form part of the judgment and decree.
There shall be no order as to costs. Consequently, captioned applications
are also disposed of as closed.
18.10.2022
Index : Yes / No
Internet : Yes / No
gpa
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C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
M.SUNDAR.J.,
gpa
C.S (Comm Div) No.84 of 2022
& O.A.Nos.250 and 251 of 2022
& A.No.1895 of 2022
in C.S (Comm Div) No.84 of 2022
18.10.2022
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