[Cites 4, Cited by 0]
Madras High Court
M/S Sangeetha Caterers And Consultants ... vs M/S Sangeetha Restaurant on 29 April, 2026
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S(COMM DIV) No. 182 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S(COMM DIV) No. 182 of 2024
M/s Sangeetha Caterers and Consultants LLP
Represented by its Designated Partners
1. Mr.P.Rajagopal
2.Mr. P.Suresh
Having their Registered office at
No.7, Gandhi Nagar, 1st Main Road,
4th Floor, Adyar, Chennai - 600 020
..Plaintiff
Vs
M/s.Sangeetha Restaurant
Represented by its Proprietor
Near Rasampalayam Toll Plaza,
Paramthi Road, Namakkal - 637 207.
..Respondent
Plaint filed under Order IV Rule 1 of O.S. Rules and Order VII Rule
1 of Civil Procedure Code, 1908 read with Sections 27, 134 and 135 of
The Trade Marks Act, 1999 and Proviso 1 of Section 7 of The Commercial
Courts Act, 2015, praying to grant a judgment and decree on the
following terms:
(A) A permanent injunction restraining the defendant, their legal
representatives, their successors in business, assigns, franchisees,
servants or agents from operating the restaurant business by infringing
the plaintiffs registered trademarks SVR SANGEETHA, SVR SANGEETHA
VEG. RESTAURANT, SANGEETHA (with a VEENA MARK), SANGEETHA
VEG. RESTAURANT WITH VEENA MARK, Sangeetha Veg express (with a
Veena Mark) and SVR Sangeetha EXPRESS or by use of confusingly
similar or any other mark deceptively and identically similar to the
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C.S(COMM DIV) No. 182 of 2024
Plaintiff’s registered trademark or in any other manner whatsoever;
(B) A permanent injunction restraining the defendant, their legal
representatives, their successors in business, assigns, franchisees,
servants or agents from operating restaurant business by the name
SANGEETHA RESTAURANT or any other similar marks to that of the
plaintiffs registered trademark from committing the act of passing off and
enabling others in passing off the restaurant business in the deceptively
similar mark which is identical to the plaintiff’s registered trademark in
any manner whatsoever;
(C) The defendant be ordered to surrender to the plaintiff for
destruction of all their packing containers, card board boxes, packing
materials, covers and carry bags, screen prints, bills, sign boards, billing
software, menu cards, and any other material in their possession bearing
the mark SANGEETHA RESTAURANT or any other similar marks to that of
the plaintiff’s registered trademark which is identical to the plaintiff’s
registered trademark;
(D) Directing the defendant to render the rendition of their accounts
from the date of commencement of their restaurant till the date of filing
of the plaint;
(E) The defendant be ordered to pay to the plaintiff a sum of
Rs.10,00,000/- (Rupees Ten Lakhs Only) as damages for their wrongful
and illegal act by use of the registered trademark; and
(F) For cost of the suit.
For Plaintiff: Mr. L Rajasekar
For Defendant: Mr S.Senthil
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C.S(COMM DIV) No. 182 of 2024
JUDGMENT
The suit was filed for remedies in respect of alleged infringement of
trade mark and passing off. Parties reached a settlement and executed a
joint compromise memorandum dated 20.04.2026. Said joint compromise
memorandum has been signed by the designated partners of the plaintiff
and by the proprietor of the defendant. Respective counsel have also
signed the said document.
2. At paragraph No.3 , it has been agreed that the defendant would
change the name of the restaurant as KL Siva Mess from 06.04.2026. It
has also been agreed that containers, carry bags and the like would also
be changed so as to not print the impugned mark thereon. The defendant
has also undertaken several obligations relating to licences, registrations
and the like to remove the impugned mark therefrom.
3. I find no legal impediment to the issuance of a decree in terms of
the joint compromise memorandum. Therefore, the suit is decreed in
terms of joint compromise memorandum dated 20.04.2026, which shall
form an integral part of the decree. In view of the settlement, there will
be no order as to costs.
29.04.2026
Index: Yes/No
Neutral Citation: Yes/No
mmi
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SENTHILKUMAR RAMAMOORTHY, J.
mmi
29.04.2026
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