Madras High Court
M/S.Lifestyle International Pvt. Ltd vs M/S.Khadim India Ltd on 30 March, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
C.S.No.648 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2021
CORAM:
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.648 of 2014
M/s.Lifestyle International Pvt. Ltd.,
9/8, Dwaraka Colony,
Brindavan Street, Mylapore,
Chennai - 600 004
represented by its
Senior Vice President - Group Legal &
Company Secretary,
Mr.Ramaprasad.S ... Plaintiff
..Vs..
M/s.Khadim India Ltd.,
37, Mount Road,
Chennai 600 002. ... Defendant
PRAYER : Plaint filed under Order VII Rule 1 CPC read with Order IV
Rule 1 O.S.Rules read with Sections 142 of the Trademarks Act, 1999,
prayed for a Judgment and Decree:-
(a) a declaration that the threat issued by the Defendant through its
counsel vide legal notice dated 10.09.2014 is unjustified and groundless.
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C.S.No.648 of 2014
(b) a perpetual injunction restraining the defendant by itself, its
Directors, servants, agents, distributors, importers, stockists, clearing and
forwarding agents, successors, assigns or any and / or all of them from in
any manner threatening the Plaintiff herein, directly or indirectly, in any
manner by notices, advertisements, circulars, etc., regarding use of the mark
PRO or PROACTIVE and thereby interfere and / or harm the business of the
Plaintiff in any manner whatsoever.
(c) Direction to the defendant to compensate the plaintiff a sum of
Rs.10,00,000/- or such other amount as this Hon'ble Court may determine
after the records are produced for the damages sustained on account of the
unjustified and groundless threats made by the defendant.
(d) An order as to costs of the proceedings.
For Plaintiff : M/s.Chandhini Pradeep Kumar
For Defendant : M/s.S.Manjula
*********
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C.S.No.648 of 2014
JUDGMENT
The learned counsel for the plaintiff had filed the following memo dated 25.03.2021. It is as follows:
"The plaintiff above named humbly submits as follows:
1. That the plaintiff and the Defendant herein have entered into an agreement of compromise in C.S.No.28 of 2015 filed before Hon'ble High Court at Calcutta, by which they have agreed to settle their disputes amicably without proceeding to any legal actions against each other. A copy of the terms of settlement is annexed herewith as Annexure - "A".
2. In view of the above agreement, the subject matter of the present civil suit has come to a closure.
Therefore, the present plaintiff craves leave of the Hon'ble Court to withdraw the present civil suit.
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sd/---, Counsel for Plaintiff."
2. In view of the same, suit is dismissed as withdrawn. The Memo and the Annexure shall form part of the decree. No order as to costs.
30.03.2021 Index : Yes / No Web : Yes / No rna C.S.No.648 of 2014 4/4 https://www.mhc.tn.gov.in/judis/