Madras High Court
Hatsun Agro Product Ltd vs M/S.Arogya Gluten Free Foods on 25 August, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div)No.52 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2025
CORAM
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div)No.52 of 2025
and
O.A.Nos.156 & 157 of 2025
and
A.Nos.809 & 810 of 2025
Hatsun Agro Product Ltd.,
Represented by its authorised signatory,
Mr.Syed Irfan.
Having registered office at
No.41(49), Janakiram Colony Main Road,
Janakiram Colony, Arumbakkam,
Chennai - 600 106. ... Plaintiff
-vs-
M/s.Arogya Gluten Free Foods,
Represented by its proprietor Ayush Maan,
137/9 Kishan Garh,
Vasant Kunj, New Delhi,
Delhi - 110 070
... Defendant
For Plaintiff : Mr.Shubhan Matheu George
for M/s.Surana & Surana
For Defendant : Ms.Swetha Naidu
for M/s.Antony R.Julian
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C.S.(Comm.Div)No.52 of 2025
Prayer: Plaint is filed under Order VII Rule 1 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, prays for judgment
and decree on the following terms:
A. For a permanent injunction restraining the Defendant, by himself, or
through his servants, agents, legal representatives, distributors or anyone
claiming through him from in any manner infringing the Plaintiff’s registered
trademark AROKYA by using the mark AROGYA GLUTEN FREE FOODS
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 himself, or
through his servants, agents, legal representatives, distributors or any one
claiming through him 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 AROGYA GLUTEN FREE FOODS or any other mark or
trade name which is deceptively similar or identical to the Plaintiff’s
trademark AROKYA in any manner whatsoever.
C. 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.
D. 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.52 of 2025
E. 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.
F. Grant such further or other reliefs.
ORDER
The suit was filed seeking remedies in respect of alleged trade mark
infringement and passing off.
2. Parties have reached a settlement and submitted Settlement
Agreement dated 14.07.2025.
3. The said Settlement Agreement has been signed by Mr.Ayush
Maan, sole proprietor of Arogya Gluten Free Foods, the defendant, and by
Mr.S.Syed Irfan, Senior Officer-Legal, of the plaintiff. In the settlement
agreement, parties have agreed that the first party, Arogya Gluten Free
Foods, would change its business name, trade mark and trade name on or
before 1st February, 2026. The second party / plaintiff has agreed not to
make any further claims against first party.
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4. I see no legal impediment to the disposal of the suit in terms of
the Settlement Agreement.
5. Therefore, C.S.(Comm.Div) No.52 of 2025 is decreed in terms
of Settlement Agreement dated 14.07.2025, which shall form an integral part
of the decree. In view of such settlement, there will be no order as to costs.
Consequently, connected O.A.Nos.156 & 157 of 2025 and A.Nos.809 and
810 of 2025 are closed.
25.08.2025
veda
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SENTHILKUMAR RAMAMOORTHY
veda
25.08.2025
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