[Cites 4, Cited by 0]
Madras High Court
Aquapump Industries vs Mr.Meet Jayeshbhai Patel on 25 February, 2026
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S(COMM DIV) No. 317 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-02-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S(COMM DIV) No. 317 of 2025
and O.A.Nos.1141 & 1142 of 2025
and A.No.6107 of 2025
1. Aquapump Industries
Tudiyalur Post, Coimbatore 641034 and also at
No. 184, old No.24, Linghi Chetty Street,
George Town, Chennai 600001
Rep by its Managing Partner
Mr. Ramaswamy Kumaravelu
2. Aquasub Engineering
Tudiyalur Post, Coimbatore 641034 and also at
No. 184, old No.24, Linghi Chetty Street,
George Town, Chennai 600001
Rep by its Managing Partner
Mr. Ramaswamy Kumaravelu
..Petitioner(s)
Vs
Mr.Meet Jayeshbhai Patel
Proprietor,
Shukan Engineering Co.
3, Paresh Estate, Opp.Sonya Ceramics,
Anil Starch Road,
Naroda-Road, Ahmedabad 382345
Gujarat
..Respondent(s)
PRAYER: Plaint filed under Order IV Rule 1 O.S.Rules and Order VII Rule 1
of the CPC Read With Sections 27, 134 and 135 of the Trade Marks Act, 1999,
prays for Judgement and Decree as follows:-
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C.S(COMM DIV) No. 317 of 2025
(a) Granting a permanent injunction, restraining the Defendant, by itself,
their servants, agents, distributors, or anyone claiming through them from
manufacturing, selling, advertising and offering for sale using the mark AQUA
AERO and thereby infringing the Plaintiffs’ registered Trade Marks AQUA
GROUP/ AQUA GROUP,. TEXMO, AQUATEX, AQUA GROUP TEXMO,
AQUA GROUP – AQUATEX, AQUASUB, AQUASUB ENGINEERING,
AQUAPUMP & AQUAPUMP INDUSTRIES as such or prefix or suffix in any
Pumps and Motors or in any other goods manufactured and sold by the
Defendant or its trading style or in any media and use the same in invoices,
letter heads and visiting cards or by using any other trade mark which is in any
way visually, or phonetically identical or similar to the Plaintiffs registered
Trade Marks under Nos. 315049 (SP-I) (SP-II), 315050 (SP-I) (SP-II)
renumbered as 2702778, 2702779, 2702780, 2702781, 762990, 1214570,
1280903, 1280904, 1285017, 1285018, 1409010, 1453388, 1598337, 1961986,
1961987, 1983236, 3815294 & 3815295 or in any manner infringing the
Plaintiffs’ Registered Trade Marks by using AQUA AERO, TEXMO, AQUA
and other Aqua formative marks.
(b) Granting a permanent injunction, restraining the Defendant, by itself,
their servants, agents, distributors, or anyone claiming through them from
manufacturing, selling, advertising and offering for sale using the Trade Marks
AQUA AERO or AQUA GROUP/AQUA GROUP, TEXMO, AQUATEX,
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C.S(COMM DIV) No. 317 of 2025
AQUA GROUP TEXMO, AQUA GROUP – AQUATEX, AQUASUB,
AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES as
such or with prefix or suffix in any Pumps and Motors any other goods
manufactured and sold by the Defendant and its trading style or in any media
and use the same in invoices, letter heads and visiting cards or by using any
other trade mark which is in any way visually, or phonetically similar to the
Plaintiffs Trade Marks AQUA GROUP / AQUA GROUP, TEXMO,
AQUATEX, AQUA GROUP TEXMO, AQUA GROUP – AQUATEX,
AQUASUB, AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP
INDUSTRIES or in any manner pass off the Plaintiffs goods.
(c) Directing the Defendant to surrender to the Plaintiffs all the goods,
packing materials, cartons, advertisement materials and hoardings, letter-heads,
visiting cards, office stationery and all other materials containing/bearing the
Trade Mark AQUA AERO or other marks deceptively similar to the Plaintiffs
Trademark TEXMO, AQUA and Aqua formative marks,
(d) Directing the Defendant to render an account of profits made by them
by the use of the impugned trademark AQUA AERO on the goods referred
prayer (a) & (b) and decree the suit for the profits found to have been made by
the Defendant, after the Defendant has rendered accounts.
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C.S(COMM DIV) No. 317 of 2025
(e) Directing the Defendant to pay to the Plaintiffs the costs of the suit.
For Plaintiff(s): Ms.Gladys Daniel
for Mr.C.Daniel
For Respondent(s): M/s.Rajan J. Patel
***********
JUDGMENT
The suit was instituted for remedies in respect of alleged trade mark
infringement and passing off. Pursuant to negotiations, parties reached a
settlement. Memorandum of Compromise dated 06.02.2026 has been filed.
Such memorandum of compromise has been signed by the Managing Partner of
the first and second plaintiffs, the Proprietor of Shukan Engineering Company
and by the respective counsel.
2. The defendant has agreed to submit to a decree in terms of reliefs
claimed in clauses (a) and (b) of paragraph 26 of the plaint. The defendant has
also agreed to withdraw / cancel the registered trade mark AQUAAERO under
Trade Mark No.5573625 and has agreed not to make any further application for
registration of the marks indicated in paragraph 5. The defendant has further
agreed not to assert any right in the trade marks mentioned in paragraph 6 of the
memorandum of compromise. The plaintiff has agreed to give up the reliefs
claimed in clauses (c) to (f) of paragraph 26 of the plaint.
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3. I see no legal impediment to the issuance of a decree in terms of the
memorandum of compromise.
4. Therefore, C.S.(Comm.Div.) No.317 of 2025 is decreed in terms of
memorandum of compromise dated 06.02.2026, which shall form an integral
part of the decree. In view of the settlement, there will be no order as to costs.
Consequently, the connected applications are closed.
25-02-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RNA
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SENTHILKUMAR RAMAMOORTHY, J.
RNA
and O.A.Nos.1141 & 1142 of 2025
25-02-2026
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