Madras High Court
Plaintiff vs Tvm Edible Oil Refineries on 7 March, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
CS (Comm Div) No.116 of 2022
and O.A.Nos.331 to 333 of 2022
and A.Nos.2349 and 2350 of 2022
Patanjali Foods Limited,
Ruchi House, Royal Palms,
Survey No.169,
Aarey Milk Colony, Near Mayur Nagar,
Goregaon (East), Mumbai,
Maharashtra – 400 065.
Also at:
Office No.601, Part B-2, Metro Tower,
6th Floor, Vijay Nagar, AB Road, Indore,
Madhya Pradesh – 452 010.
Though its Authorised Representative
T.Gajendra
(Amended as per order dated 13.12.2022 in Appln.No.5520 of 2022)
... Plaintiff
Vs
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TVM Edible Oil Refineries,
B-43, SIPCOT Industrial Complex,
Gummudipoondi – 601 201, Thiruvallur.
... Defendant
Prayer: Civil Suit is filed under Order XIV Rule 8 of the Original Side
Rules r/w XXXIX Rules 1 and 2 and Section 151 of Civil Procedure Code,
1908, praying to grant interim injunction restraining the respondent,
themselves, its Proprietor/directors/partner and other unknown persons as
the case may be, successors-in-business, servants, agents, distributors,
dealers, stockist, shop keepers, wholesalers, retailers, representatives,
assigns and all other persons claiming through or under them from
manufacturing, selling, offering for sale and/or distributing oil products
including palm oil which would amount to passing off their products as and
for the Applicant's products by using a deceptively similar mark Reel Gold
or any other similar or identical mark and in any other manner whatsoever
pending disposal of the suit.
For Plaintiff :Mr.P.Giridharan
For Defendant :Mr.R.Harikrishnan
for M/s.Govind Chandrasekar
JUDGMENT
Mr.P.Giridharan, learned counsel for the plaintiff and
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Mr.R.Harikrishnan, learned counsel for the defendant are present. They
filed a joint compromise memo dated 07.03.2023 entered between the
plaintiff and defendant settling the dispute in the suit on the terms
mentioned therein. Both the counsel requested the Court to pass judgment
and decree in terms of Joint Compromise memo.
2. As per the terms of compromise memo, the defendant
submits to the plaint prayers A, B and C and agreed for passing of judgment
and decree against him as prayed for.
3. The plaintiff agrees to give up the plaint prayers D, E, F and
G.
S.SOUNTHAR,J.
ub
4. Accordingly, the suit is decreed granting a decree in favour
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of the plaintiff in respect of prayers A, B and C.
5. The suit is dismissed in respect of prayers D, E, F and G.
The joint compromise memo shall form part of the decree.
6. The learned counsel for the plaintiff seeks refund of Court Fees
affixed on the plaint.
7. Since the matter is settled in Tamil Nadu Mediation and
Conciliation Centre on reference of this Court, the plaintiff is entitled to
refund of the Court Fee paid by him.
8. There shall be no order as to costs. Consequently,
connected Applications are closed.
07.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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CS (Comm Div) No.116 of 2022
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https://www.mhc.tn.gov.in/judis
