Madras High Court
Mohan Breweries And Distilleries ... vs M/S Dhanalakshmi Bottles Supplies on 9 September, 2021
Author: G.Jayachandran
Bench: G.Jayachandran
C.S.No.297 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2021
CORAM:
THE HON'BLE MR.JUSTICE Dr.G.JAYACHANDRAN
C.S.No.297 of 2016
Mohan Breweries and Distilleries Limited,
Represented by its Chief Financial Officer,
3rd Floor, South Indian Film Chamber
of Commerce, No.605 & 606,
T.R.Sundaram Avenue,
Thousand Lights, Chennai 600 006. ... Plaintiff
Versus
M/s Dhanalakshmi Bottles Supplies,
No.66/139, Appu Chetty Street,
Shevapet,
Salem – 636 002. ... Defendant
PRAYER: Civil Suit filed under Order IV Rule 1 of the Madras Original
Side Rules and Order VII, Rule 1 of CPC read with Sections 27,28,29
and 134 of the Trade Marks Act, 1999 and Sections 51, 55 and 62 of the
Copyright Act, 1957 and Sections 11 and 22 of the Designs Act 2000,
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C.S.No.297 of 2016
praying to grant :-
a) A permanent injunction restraining the Defendant by
themselves, or their men, servants, agents, promoters,
representatives stockist's, retailers or anyone claiming them
form in any manner using the plaintiffs bottle bearing the
registered design which are further embossed with the
Plaintiff's said logo and registered trade mark.
b) A preliminary decree be passed in favour of the
Plaintiffs directing the Defendant to render the details of sum
made by Defendant by infringing and sell the Plaintiff's bottle
bearing the registered design and trademark and a final decree
be passed in favour of the Plaintiff for such amounts thus found
to have been made by the Defendant after the latter have
rendered accounts;
c) A direction to the Defendant to return back to the
Plaintiff the existing stock of bottles and not further sell any
bottles, bearing the Plaintiff's logo, registered design and trade
mark to third parties other than the Plaintiff.
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C.S.No.297 of 2016
d) A direction directing the defendant to pay a sum of
Rs.25,00,000/- (Rupees Twenty Five Lakhs only) as damages
for loss suffered by the Plaintiff on account of the defendant's
acts of infringement of design, Trademark and copyright
committed by selling their product in the plaintiff's bottle
bearing the registered design which are further embossed with
the plaintiff's said logo and registered trademark.
For Plaintiff : No Appearance
For Defendant : Mr.S.Anand
ORDER
(This case has been heard through video conference) No representation for the plaintiff for the past three hearings.
However, when the matter was taken up for hearing on 09.08.2021, the learned counsel for the sole defendant filed a memo reporting the death of sole defendant. This Court finds from the memo and the death certificate enclosed that the sole defendant died on 15.05.2021. The suit is filed for injunction alleging infringement of registered design. It is a Page No.3 of 5 https://www.mhc.tn.gov.in/judis/ C.S.No.297 of 2016 relief in persona, the cause of action itself dies with the person. Further, the learned counsel appearing for plaintiff submitted that the deceased defendant ceased to carry on business long time and there is no concern by the name of Dhanalakshmi Bottles Supplies exist, against whom, the suit has been filed.
2. In the light of the above fact, the Suit is dismissed. No order as to costs.
09.09.2021 Index: Yes/No Internet: Yes/No rpp/ham Page No.4 of 5 https://www.mhc.tn.gov.in/judis/ C.S.No.297 of 2016 Dr.G.JAYACHANDRAN, J.
rpp/ham C.S.No.297 of 2016 09.09.2021 Page No.5 of 5 https://www.mhc.tn.gov.in/judis/