Madras High Court
Mrf Limited vs Sunil Ramdas Date on 31 January, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. (Comm. Div.) No.155 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.01.2025
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (Comm. Div.) No.155 of 2024
MRF LIMITED,
114, GREAMS ROAD,
CHENNAI-600 006,
Represented by its Power Agent
Mr. M.P. Jagadeesan ... Plaintiff
vs
SUNIL RAMDAS DATE,
Proprietor,
M/S SWAMI TYRES,
SHOP NO-3 & 4. OPP GADGIL PATANGAN,
MALEGAON, AHMEDNAGAR,
MAHARASHTRA-414001 ... Defendant
Prayer : PLAINT FILED UNDER ORDER VII RULE I OF CIVIL
PROCEDURE CODE, 1908 & ORDER IV RULE 1 OF RULES OF the
HIGH COURT, 1994 & SECTION 7 OF THE COMMERCIAL
COURTS ACT, 2015 to grant a judgment and decree on the following
terms :
a. Declare that the DEFENDANT have violated the terms and
conditions of 'MRF TYRES EXCLUSIVE DEALER WITH
ALIGNMENT AND BALANCING CENTRE LICENSE AGREEMENT
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C.S. (Comm. Div.) No.155 of 2024
executed on 12.02.2018 by continuing the License business after its
termination on 03.12.2023:
b. A permanent injunction restraining the DEFENDANT to stop
displaying the display boards and Signages detailed in Schedule C
hereunder, advertising and packaging materials of the Plaintiff Company,
operating manuals and confidential documents of the Plaintiff Company
and surrender the display boards, Signages, advertising and packaging
materials, operating manuals, software and confidential documents to the
Plaintiff Company in its original condition subject to normal wear and
tear,
c. A mandatory injunction directing the DEFENDANT to stop
using the Machineries detailed in Schedule B hereunder and surrender
the Machineries to the Plaintiff Company in its original condition subject
to normal wear and tear or in the alternative to pay an amount of Rupees
17,75,900/-(Rupees Seventeen Lakhs Seventy Five Thousand and Nine
Hundred Only) being the value thereof to the Plaintiff Company as
consolidated damages, in the event of the failure of the DEFENDANT to
return the machinery,
d. A mandatory injunction directing the DEFENDANT to prepare
and submit an account of profits made by them by the unlawful use of the
Schedule B Machineries of the Plaintiff and thereafter to pass a final
decree upon ascertaining the accounts, in favour of the Plaintiff and
against the Defendant;
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C.S. (Comm. Div.) No.155 of 2024
e. The DEFENDANT to be ordered to pay a sum of Rs.10,000/- per
day (Rupees Ten Thousand Only) with effect from 04.12.2023, the date
of termination of the MRF TYRES EXCLUSIVE DEALER WITH
ALIGNMENT AND BALANCING CENTRE LICENSE AGREEMENT
untill the DEFENDANT have returned the Schedule B and C
machineries and display items;
f. The DEFENDANT to be ordered to pay unliquidated damages to
the tune of Rs.7,25,100/- (Rupees Seven Lakhs twenty five thousand and
one Hundred Only) for violating the terms and conditions of the 'MRF
TYRES EXCLUSIVE DEALER WITH ALIGNMENT AND
BALANCING CENTRE LICENSE AGREEMENT';
g. To appoint an Advocate Commissioner to inspect Schedule A
Showroom of the DEFENDANT and report
(i) the condition of the machineries detailed in Schedule B of the
Plaint installed in Schedule A Showroom of the DEFENDANT; and
(ii) display items and signages detailed in Schedule C displayed
in Schedule A Showroom of the DEFENDANT.
h. For the costs of the suit
and
i. Grant such other relief or reliefs as this Court may deem fit and
proper in the circumstances of the case and thus render justice.
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C.S. (Comm. Div.) No.155 of 2024
For Plaintiff : Ms. Reshma for
Mr.M.S. Bharat
JUDGEMENT
The learned counsel for the plaintiff submits that the matter has been settled out of Court. She has made an endorsement to that effect in the Court bundle. Accordingly, the suit is dismissed as settled out of Court. No costs.
Registry is directed to refund the full Court fees to the plaintiff.
31.01.2025 Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2 https://www.mhc.tn.gov.in/judis 4/5 C.S. (Comm. Div.) No.155 of 2024 ABDUL QUDDHOSE, J.
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