Madras High Court
A.D.Padmasingh Isaac vs Hotel Aachis on 12 July, 2023
C.S.Nos.681 and 708 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.S.Nos.681 and 708 of 2011
and
O.A.Nos.834 and 835 of 2011
and
A.No.4949 of 2011
C.S.No.681 of 2011
1.
A.D.Padmasingh Isaac
2.M/s.Aachi Masala Foods (P) Limited,
Old No.4, New No.181/1,
6th Avenue, Thangam Colony,
Anna Nagar,
Chennai - 600 040.
Represented by its Director
Ashwin Pandian ... Plaintiffs
Vs.
Hotel Aachis,
No.18, Thiruvalluvar Salai,
Opposite to Bus Stand,
Dindigul - 624 001.
(amended as per order dated 12.08.2021
in A.No.2497 of 2021) ... Defendant
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
Prayer in C.S.No.681 of 2011: This Civil Suit is filed under Order IV,
Rule 1 of the Original Side Rules and Order VII, Rule 1 of the Code of
Civil Procedure read with Sections 27(2), 29, 134 and 135 of the Trade
Marks Act, 1999, prayed for a Judgment and Decree:-
[a] granting a permanent injunction, restraining the defendant,
by himself, his servants, agents, distributors, or anyone claiming through
him from manufacturing, selling, advertising and offering for sale using
the same name AACHI used by the plaintiffs and the trade mark name
Hotel Aachis or any other similar Trade Mark name or similar sounding
expression in any media and use the same in name board, invoices, letter
heads and visiting cards or by using any other trade mark/name which is
in any way visually or deceptively or phonetically similar to the plaintiffs'
trade mark/name AACHI and use the same in pouches, packets or use the
mark in invoices, letters heads and visiting cards or part of their
Hotel/Restaurant name any other trade literature or Menu Card by using
any other trade mark which is in any way visually, or phonetically similar
to the plaintiffs' registered Trade Mark Nos.838786, 922594, 922595,
976559, 1025302, 1025304, 1025305, 1116254, 1340323, 1375755,
1375756, 1380625, 1415328, 1415329, 1418281, 1458532, 1479158,
1479159, 1555564, 1564085, 1567065, 1567068, 1595537, 1595538,
1595539, 1595540 or in any manner infringing the plaintiffs' registered
Trade Marks referred herein.
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
[b] granting a permanent injunction restraining the defendants
by itself, its agents or servants or anyone claiming through or under him
any business marketing, selling advertising using in trade literature, menu
cards, invoices, name boards, website, internet advertisements the
mark/name AACHI in relation to the Restaurant or with respect to or any
other food preparation or on any other business the impugned
trademark/name which is in any manner deceptively or phonetically
confusingly similar to the plaintiffs' Trade Mark/name AACHI or in any
other manner pass off their business or goods as and for that of the
plaintiffs.
[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 HOTEL AACHIS or other deceptively
similar trade mark used in the pouches and packets bearing the word
AACHI.
[d] directing the defendant to render an account of profits made
by them by the use of the impugned trademark HOTEL AACHIS on the
service referred and decree the suit for the profits found to have been
made by the defendants, after the defendants have rendered accounts.
[e] directing the defendant to pay to the plaintiffs the costs to
the suit.
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
C.S.No.708 of 2011
1.A.D.Padmasingh Isaac
2.M/s.Aachi Masala Foods (P) Limited,
Old No.4, New No.181/1,
6th Avenue, Thangam Colony,
Anna Nagar,
Chennai - 600 040.
Represented by its Director
Ashwin Pandian ... Plaintiffs
Vs.
Aachis N/V Mess,
38-A, Scheme Road,
Bus Stand Opposite,
Dindigul - 624 001.
(amended as per order dated 12.08.2021
in A.No.2498 of 2021) ... Defendant
Prayer in C.S.No.708 of 2011: This Civil Suit is filed under Order IV,
Rule 1 of the Original Side Rules and Order VII, Rule 1 of the Code of
Civil Procedure read with Sections 27(2), 29, 134 and 135 of the Trade
Marks Act, 1999, prayed for a Judgment and Decree:-
[a] granting a permanent injunction, restraining the defendant,
by himself, his servants, agents, distributors, or anyone claiming through
him from manufacturing, selling, advertising and offering for sale using
the same name AACHI used by the plaintiffs and the trade mark name
Aachis Mess or any other similar Trade Mark name or similar sounding
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
expression in any media and use the same in name board, invoices, letter
heads and visiting cards or by using any other trade mark/name which is
in any way visually or deceptively or phonetically similar to the plaintiffs'
trade mark/name AACHI and use the same in pouches, packets or use the
mark in invoices, letters heads and visiting cards or part of their
Hotel/Restaurant name any other trade literature or Menu Card by using
any other trade mark which is in any way visually, or phonetically similar
to the plaintiffs' registered Trade Mark Nos.838786, 922594, 922595,
976559, 1025302, 1025304, 1025305, 1116254, 1340323, 1375755,
1375756, 1380625, 1415328, 1415329, 1418281, 1458532, 1479158,
1479159, 1555564, 1564085, 1567065, 1567068, 1595537, 1595538,
1595539, 1595540 or in any manner infringing the plaintiffs' registered
Trade Marks referred herein.
[b] granting a permanent injunction restraining the defendants
by itself, its agents or servants or anyone claiming through or under him
any business marketing, selling advertising using in trade literature, menu
cards, invoices, name boards, website, internet advertisements the
mark/name AACHI in relation to the Restaurant or with respect to or any
other food preparation or on any other business the impugned
trademark/name which is in any manner deceptively or phonetically
confusingly similar to the plaintiffs' Trade Mark/name AACHI or in any
other manner pass off their business or goods as and for that of the
plaintiffs.
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
[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 Aachis Mess or other deceptively similar
trade mark used in the pouches and packets bearing the word AACHI.
[d] directing the defendant to render an account of profits made
by them by the use of the impugned trademark Aachis Mess on the
service referred and decree the suit for the profits found to have been
made by the defendants, after the defendants have rendered accounts.
[e] directing the defendant to pay to the plaintiffs the costs to
the suit.
For Plaintiffs : Ms.Gladys Daniel
(In both C.S) Assisted by
Mr.P.S.Raman
Senior Counsel
For Defendants : Mr.S.Rajasekar
(In both C.S) for Mr.S.Sashidhar
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
COMMON JUDGMENT
After hearing the learned Senior Counsel for the plaintiffs and
the defendants at length, the orders were reserved on 02.03.2023 and
yesterday i.e., on 11.07.2023, these cases were listed for clarification. At
this stage, the learned counsel on record for the plaintiffs submits that the
plaintiffs have opted to withdraw the suits.
2. The learned counsel on record for the plaintiffs submits that
she has been advised to withdraw the suits and she has also made the
following endorsement to that effect:
“In C.S.No.681 of 2011
The plaintiff may be permitted to withdraw
and abandon the suit under Order 23 Rule(1) of CPC.
In C.S.No.708 of 2011
The plaintiff may be permitted to withdraw
and abandon the suit under Order 23 Rule(1) of CPC.”
3. The learned counsel for the defendants, on the other hand,
would submit that the plaintiffs have to pay costs in each suit in
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
accordance with Order XXIII Rule 1(4)(b) of the Code of Civil
Procedure.
4. In the opinion of this Court, the plaintiffs have wasted the
time of this Court and the respective defendants by filing these frivolous
suits.
5. Considering the above, the plaintiffs shall pay each of the
defendants a sum of Rs.50,000/- separately as costs within a period of
two weeks from today. Besides, the plaintiffs shall pay a sum of
Rs.1,00,000/- also to the Cancer Institute (WIA), East Canal Bank Road,
Adyar, Chennai - 20, within such time.
6. The plaintiffs and the defendants shall report compliance of
this order before the Joint Registrar (Original Side) of this Court on or
before 02.08.2023. In case, the plaintiffs fail to comply with this order,
this order shall stand revoked automatically, in which case, the Court
records shall be transmitted to the Chamber for pronouncing Judgment
and Decree on merits.
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
7. These Civil Suits stand dismissed with costs subject to
compliance of this Judgment. The connected Original Applications and
Application will stand closed thereafter.
12.07.2023
Internet : Yes/No
Index : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation : Yes/No
arb
https://www.mhc.tn.gov.in/judis
C.S.Nos.681 and 708 of 2011
C.SARAVANAN, J.
arb
C.S.Nos.681 and 708 of 2011
12.07.2023
https://www.mhc.tn.gov.in/judis
