Hatsun Agro Product Ltd vs M/S.P.A.Food Products
2024 Latest Caselaw 21593 Mad

Madras High Court

Hatsun Agro Product Ltd vs M/S.P.A.Food Products on 13 November, 2024

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                              C.S.(Comm.Div)No.144 of 2024

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 13.11.2024

                                                     CORAM

                            THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

                                              C.S.No.144 of 2024
                                        and O.A.Nos.563 & 564 of 2024
                                   and Application Nos.4122 and 4123 of 2024

            Hatsun Agro Product Ltd.,
            Having registered office at
            No.41 (49), Janakiram Colony Main Road,
            Janakiram Colony, Arumbakkam,
            Chennai 600 106
            Represented by its authorized signatory Mr.P.Vivek                               ...Plaintiff
                                                    .Vs.
            M/s.P.A.Food Products
            Represented by its Proprietor Mr.R.Palanivel
            Having registered office at
            No.93/253 E, Pillayar Kovil Street, Chennampet,
            Vaniyambadi, Vellore – 635 751.
            Tamil Nadu.                                                                   ... Defendant

                      Plaint filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of High

            Court O.S. Rules and Section 134 and 135 of the Trademarks Act, 1999 and Section

            7 of the Commercial Courts Act, 2015, praying for:


                      a.For a permanent injunction restraining the Defendant, by itself, its servants,

            agents, legal representatives, distributors or anyone claiming through it from in any

            manner infringing the Plaintiff's registered trademark "ARUN" by using the mark


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                                                                               C.S.(Comm.Div)No.144 of 2024

            ARUN /                           or any other deceptively similar mark in any manner


            whatsoever causing infringement to the Plaintiff's registered trademark as described

            in the Schedule to the Plaint;


                      b. For a permanent injunction restraining the Defendant, by itself, its servants,

            agents, legal representatives, distributors or any one claiming through it from in any

            manner whatsoever from passing off and enabling others to pass off the Defendant's

            business as that of the Plaintiff's by using the mark "ARUN" or any other mark or

            trade name which is deceptively similar or identical to the Plaintiff's trademark

            ARUN in any manner whatsoever;


                      c. For a recognition that the Plaintiff's trademark "ARUN" is a well-known

            mark as recognized under the Trade Marks Act 1999;



                      d. Directing the Defendant to surrender to the Plaintiff all the products and

            stocks with the offending labels, together with the blocks, dies, name boards, sign

            boards, etc., for destruction;



                      e. Directing the Defendant to render true and faithful accounts of the profits

            earned by it through the sale of the products bearing the offending trademark labels

            and directing payment of such profits to the Plaintiff;

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                                                                           C.S.(Comm.Div)No.144 of 2024




                      f. Directing the Defendant to pay to the Plaintiff a sum of Rs.3,00,000/- as

            damages for committing acts of infringement of trademark and passing off;


                                  For Plaintiff     : Mr.Surya Senthil



                                                  JUDGMENT

Both the parties have arrived at a settlement and a Joint Compromise Memo

has also been filed. The respective parties have signed the Compromise Memo. Both

the parties are personally present in the open Court today.

2.In terms of the Memorandum of Compromise, dated 09.11.2024, this suit is

decreed. The Memorandum of Compromise, dated 09.11.2024 shall form part of the

Judgment and Decree. No Costs. Consequently, connected applications are closed.

                                                                                         13.11.2024
            Index       : Yes/No
            Internet    : Yes/No

speaking order/Non-speaking order ssr

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

C.S.(Comm.Div)No.144 of 2024

ABDUL QUDDHOSE, J.

ssr

and O.A.Nos.563 & 564 of 2024 and Application Nos.4122 and 4123 of 2024

13.11.2024

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