Madras High Court
Mr.M.Abdulkadhar vs M/S.Godwill Energy Products ... on 3 January, 2023
C.S.(Comm.Div.)No.48 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.S.(Comm.Div.)No.48 of 2021
and
O.A.No.528 of 2021
1.Mr.M.Abdulkadhar
2.SAFS Organic Enterprises,
Registered Partnership Firm,
No.169, Vazhdahvoor Main Road,
Gandhi Nagar, Kaundanpalayam,
Puducherry - 605 009. ... Plaintiffs
Vs
M/s.Godwill Energy Products Private Limited,
Having Registered Office at
No.132, Nehru Street, Indira Nagar,
Perumugai, Vellore District - 632 009. ... Defendant
Prayer: This Civil Suit is filed under Order IV Rule 1 of the Original Side
Rules read with Order VII Rule 1 of the Code of Civil Procedure, 1908
with Section 22 of the Designs Act, 2000 of 1957 and Section 7 of the
Commercial Courts Act, 2015, prayed for a Judgment and Decree:-
1/4
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.48 of 2021
a) Grant a Permanent Injunction restraining the defendant
themselves, their partners, successors-in-business, servants, agents,
distributors, dealers, wholesalers, retailers, shop keepers, representatives,
assignees and all other persons claiming through them from
manufacturing, selling and distributing, as well advertising products
using the registered design of the plaintiff in any manner whatsoever that
amounts to infringement.
b) The defendant be ordered to surrender to the plaintiff for
destruction all goods, advertisement materials, labels and other allied
goods containing the infringing Insect Trap Product of the defendant.
c) Order the defendant to pay damages to the plaintiff of
Rs.50,000/-.
d) Order for recovery of the entire costs of the suit from the
defendant.
For Plaintiff : No appearance
For Defendant : No appearance
JUDGMENT
On an earlier occasion i.e., on 20.12.2022, there was no
representation either on behalf of the plaintiff or on behalf of the
defendant.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.48 of 2021
2. Today also there is no representation either on behalf of the
plaintiff or on behalf of the defendant.
3. On 20.12.2022, Registry was directed to verify whether the
suit summon was served on the sole defendant. Registry has put the note
indicating that suit summon is served to the defendant on 23.09.2021.
4. Considering the fact that the present dispute is commercial
dispute and is governed by the provisions of the Commercial Courts Act,
2015, the defendant is liable to be set ex parte and forfeits the right to file
a Written Statement.
5. Considering the fact that today also there is no representation
on behalf of the plaintiff, it appears that the plaintiff is not interested in
prosecuting the case.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.48 of 2021
C.SARAVANAN, J.
arb
6. Accordingly, this Civil Suit is dismissed for non-
prosecution. No costs. Consequently, connected Original Application is
closed.
03.01.2023
Internet : Yes / No
Index : Yes / No
Speaking Order/Non-Speaking Order
arb
C.S.(Comm.Div.)No.48 of 2021
and
O.A.No.528 of 2021
https://www.mhc.tn.gov.in/judis
