Madras High Court
Mohan Breweries & Distilleries Ltd vs M/S.Som Distilleries & Breweries ... on 25 August, 2021
Author: R.Subramanian
Bench: R.Subramanian
C.S.No.5 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.5 of 2011
MOHAN BREWERIES & DISTILLERIES LTD.,
No.158, Rayala Towers, II Floor,
Anna Salai, Chennai – 600 002.
Represented by its Chief Financial Officer
& Company Secretary
T.Krishnamurthy ...Plaintiff
.Vs.
1.M/s.Som Distilleries & Breweries Limited
Rojrachak, Dist. Raisen – 464990
Madhya Pradesh.
2.M/s.Tamilnadu State Marketing
Corporation Ltd.,
1, Gandhi Irwin Road,
Egmore, Chennai – 600 008. ... Defendants
Plaint filed under Order VII Rule 1 CPC and Order IV Rule 1 of
O.S. Rules and Section 22 of the Designs Act, 2000 praying for a
judgment and decree:
(a) Granting permanent injunction restraining the defendants by
themselves, their servants or agents or anyone claiming through them
from in any manner infringing the plaintiff's registered and well
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C.S.No.5 of 2011
established bottle design referred as M.O.No.1 either by using the
offending identical bottle design referred as M.O.No.2 or in any manner
advertising the same;
(b) Directing the defendants to surrender to the plaintiff the entire
stock of unused offending identical bottle design along with the blocks
and dyes for destruction;
(c) Directing the defendants to render a true and faithful account of
the profits earned by the defendants through the sale of beer by using the
offending bottle design and directing payment of such profits to the
plaintiff for the infringement committed by the defendants and
(d) directing the defendant to pay to the plaintiff the costs of the
suit.
For Plaintiff : Mr.S.Diwakar
for Mr.Rajesh Ramanathan
For Defendants : Set exparte
********
JUDGMENT
Mr.S.Diwakar, learned counsel appearing for the plaintiff would submit that he has instructions from the plaintiff to withdraw the suit. A memo to that effect has also been filed.
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2. In view of the same, the suit is dismissed as withdrawn.
No costs.
25.08.2021
dsa
Index : No
Internet : Yes
Non-speaking order
List of the witnesses examined on the side of the plaintiff: Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants : Nil 25.08.2021 dsa Page No.3/4 https://www.mhc.tn.gov.in/judis/ C.S.No.5 of 2011 R.SUBRAMANIAN, J.
dsa C.S.No.5 of 2011 25.08.2021 Page No.4/4 https://www.mhc.tn.gov.in/judis/