Sowkhya Way2 Health Private ... vs Dr.Isaac Mathai
2023 Latest Caselaw 4988 Mad

                                                                                     (T)OP(TM)/95/2023
                                                                                   & (T)OP(TM)/96/2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED :            28.04.2023

                                                     CORAM

                      THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                       (T)OP(TM)/95/2023 & (T)OP(TM)/96/2023

                                   (ORA/150/2013/TM/CH) & (ORA/149/2013/TM/CH)

                     Sowkhya Way2 Health Private Limited
                     Represented by its Managing Director
                     Mr.George Koshy,
                     No.22, Jagannathan Road,
                     Spring Field Apartment,
                     Nungambakkam,
                     Chennai-600 034.                                        ... Petitioner in
                                                                                 both petitions

                                                          vs.
                     1.Dr.Isaac Mathai, Nooranal
                       S/o.Late Rev. Fr.Mathai Nooranal,
                       Residing at No.202, Parvathi Plaza,
                       Richmond Road, Bangalore 560 025
                       Represented by his duly authorised power agent,
                       Ms.Suja Issac,
                       residing at No.202,
                       Parvathi Plaza, Richmond Road,
                       Bangalore 560 025.

                     2.Soukya Indian Holistic Centre Pvt. Ltd.
                       Soukya Road, Samethanahalli, While Field,
                       Bangalore 560 067 rep. By its Director,

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                    (T)OP(TM)/95/2023
                                                                                  & (T)OP(TM)/96/2023

                        Ms.Suja Isaac, residing at No.202
                        Parvathi Plaza, Richmond Road, Bangalore 560 025.

                     3.The Registrar of Trademarks
                       Trademark Registry,
                       Chennai.                                           ... Respondents in

both petitions

PRAYER in (T)OP(TM)/95/2023 : Petition for the removal of a Trade Mark from the register or rectification of the register under Sections 57 and 127 of the Trade Marks Act, 1999, prays that this petition may be allowed and trademark registration No.904710 in class 5 in the name of the 1st respondent herein may be revoked / removed / cancelled / varied / modified /expunged and render justice.

PRAYER in (T)OP(TM)/96/2023 : Petition for the removal of a Trade Mark from the register or rectification of the register under Sections 57 and 127 of the Trade Marks Act, 1999, prays that this petition may be allowed and trademark registration Nos.1419160 in class 45, in the name of Dr.Issac Isaac Mathai, be removed / revoked / cancelled / expunged and the registrar of trademarks rectified accordingly, with costs and thus render justice.

For Petitioner in both petitions : Mr.G.K.Muthukumar for M/s.GMS Law Associates

For Respondents in both petitions : Mr.Julick Isaiah for M/s.Depenning and Depenning

https://www.mhc.tn.gov.in/judis (T)OP(TM)/95/2023 & (T)OP(TM)/96/2023

COMMON ORDER

Learned counsel for the petitioner and learned counsel for the first

and second respondents are present.

2. Learned counsel for the petitioner has placed before me the

judgment of this Court in C.S.No.649 of 2012. In the said judgment, the

memorandum of compromise between the parties is extracted. Clause 3

thereof is as under:

“3. The parties agree that in view of the

compromise the parties herein give up all existing claims

against each other and hence this Memorandum of

Compromise and a Judgment and Decree passed by this

Hon'ble Court terms thereof.”

3. In compliance with the said agreement, learned counsel for the

petitioner submits that he intends to withdraw this petition. He has made an

endorsement for the said purpose. By taking note of this development,

https://www.mhc.tn.gov.in/judis (T)OP(TM)/95/2023 & (T)OP(TM)/96/2023

(T)OP(TM)/95/2023 & (T)OP(TM)/95/2023 are dismissed as withdrawn

without any order as to costs.

28.04.2023

kal

+

https://www.mhc.tn.gov.in/judis (T)OP(TM)/95/2023 & (T)OP(TM)/96/2023

SENTHILKUMAR RAMAMOORTHY, J kal

(T)OP(TM)/95/2023 & (T)OP(TM)/95/2023

(ORA/150/2013/TM/CH) & (ORA/149/2013/TM/CH)

28.04.2023

https://www.mhc.tn.gov.in/judis