Madras High Court
A.D.Padmasingh Isaac vs Novo Traders on 22 September, 2022
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.09.2022
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR
C.S(Comm. Div.)No.151 of 2022
and
O.A.Nos.448 & 449 of 2022
&
A.No.3149 of 2022
1. 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.-
NOVO Traders,
50, V.P.Street,
Parangipettai,
Cuddalore District-608 502.
... Defendant
1/12
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
Civil Suit filed under Order IV Rule 1 of The Original Side Rules and
Order VII Rule 1 of The Civil Procedure Code, 1908 read with Sections
27(2), 29, 134 and 135 of The Trade Marks Act, 1999 praying for (a)
granting a permanent injunction, restraining the Defendant, by itself, its
servants, agents, distributors, or anyone claiming through them from
manufacturing, selling, advertising and offering for sale using same or similar
label, get up and colour scheme used by the Defendant as shown in
Document No.2 or in relation to any masala items and use the same pouches,
packets of masalas and spices or any other goods or by using any other
Trademark which is in any way visually and deceptively similar to the
Plaintiffs' registered Trademark "AACHI MASALA KULAMBU CHILLY
POWDER" under No.1318495 or in relation to any masala items and use the
same pouches, packets of masalas and spices or any other goods or use the
mark in invoices, letters heads and visiting cards or any other trade literature
or by using any other Trademark which is in any way visually and
deceptively similar to the Plaintiffs' registered Trademark No.1318495 and or
in any manner infringe the Plaintiffs' registered Trademark; (b) granting a
permanent injunction, restraining the Defendant, by itself, its servants
agents, distributors, or anyone claiming through them from manufacturing,
selling, advertising and offering for sale using same or similar get up and
colour scheme used by the Defendant shown in Document No.2 or by using
any other Trade mark which is in any way visually and deceptively similar to
the Plaintiffs' Trademark "AACHI MASALA KULAMBU CHILLY
POWDER" label as shown in Document No.1 or in relation to any masala
2/12
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
items and use the same pouches, packets of masalas and spices or any other
goods or use the mark in invoices, letters heads and visiting cards or any
other trade literature or by using any other Trademark which is in any way
visually and deceptively similar to the Plaintiffs' Trademarks "AACHI
MASALA KULAMBU CHILLY POWDER" as shown in Document No.1
or in any manner pass off the Plaintiffs' goods; (c) directing the Defendant to
surrender to the Plaintiffs all the packing material, cartons, advertisement
materials and hoardings, letter-heads, visiting cards, office stationery and all
other materials containing/bearing the name 'ABHU MASALA' and packets
in the Color Scheme and Get up as shown in Document No.2 or other
deceptively similar trade mark used in the pouches and packets in respect of
masalas; (d) directing the Defendant to render an account of profits made by
them by the use of the impugned Trademark 'ABHU MASALA' and packets
in the Color Scheme and get up as shown in Document No.2 on the goods
referred and decree the suit for the profits found to have been made by the
Defendant, after the Defendant has rendered accounts and e) directing the
Defendant to pay to the Plaintiffs the costs to the suit.
For Plaintiffs : Ms.T.Hemalatha
For Defendant : Mr.S.A.Sayedshuhaibb
*****
3/12
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
JUDGMENT
Ms.T.Hemalatha, counsel on record for the two plaintiffs and
Mr.S.A.Sayedshuhaibb, learned counsel for the sole defendant are before this
Court.
2. Both the aforementioned counsel submit that the plaintiffs and
defendant have settled the matter amongst themselves and have reduced the
terms of settlement to a 'Memorandum of Compromise dated 13.09.2022'
[hereinafter 'said MOC' for the sake of convenience and clarity]. Both the
learned counsel have placed before this Court said MOC along with
Annexure-A thereat and a scanned reproduction of the same together with
docket is as follows:
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
3. Both aforementioned learned counsel submit that the signatories qua
said MOC have signed said MOC in the presence of each other and request
for dispensing with the presence of the signatories before this Court. To be
noted, both learned counsel request for a decree in the captioned suit in terms
of said MOC.
4. Considering the nature of the matter and the contents of said MOC,
request for dispensing with the presence of the parties is acceded to.
5. Captioned main suit i.e., C.S(Comm.Div.) No.151 of 2022 is
decreed in terms of said MOC [together with Annexure-A referred to supra]
which shall form part of the Judgment and Decree. Consequently, all
captioned applications are disposed of as closed. There shall be no order as
to costs.
22.09.2022
Index : Yes/No
Speaking/Non-speaking order
kmi
https://www.mhc.tn.gov.in/judis
C.S (Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
M.SUNDAR, J.
kmi
C.S(Comm. Div.)No.151 of 2022
and O.A.Nos.448 & 449 of 2022
& A.No.3149 of 2022
22.09.2022
https://www.mhc.tn.gov.in/judis
