Madras High Court
Kalyan Jewellers India Private Ltd vs Lalitha Jewellery Mart Private Ltd on 8 September, 2021
Author: N.Seshasayee
Bench: N.Seshasayee
C.S.No.712 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.712 of 2015
Kalyan Jewellers India Private Ltd.,
Having its Corporate Office at
TC 32/204/1, Sitaram Mill Road
Pukunnam, Thrissur – 680 002.
And its place of business at
Opposite Kasi Arcade
Thyagaraya Nagar
Chennai – 600 017.
Represented by its Authorized Signatory ... Plaintiff
Vs.
Lalitha Jewellery Mart Private Ltd.,
123, Usman Road
Panagal Park, T.Nagar
Chennai – 600 017. ... Defendant
Prayer : Civil Suit filed under Order IV Rule 1 of O.S. Rules read with
Order VII Rules 1 of CPC., praying to pass a decree and judgement :
(a) Perpetual injunction restraining the defendant, its men,
servants, agents, assigns, director, officers or any person
claiming through or under them from
issuing/circulating/publishing the offending advertisement/s,
filed as Plaint Document No.1, or any other similar
advertisement in print or any other media, or
disparaging/denigrating the plaintiff's products or business
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C.S.No.712 of 2015
either directly or indirectly or in any other manner whatsoever
by making false and misleading representations or otherwise;
(b) Perpetual injunction restraining the defendant, its men,
servants, agents, assigns, director, officers or any person
claiming through or under them from making any false,
misleading and disparaging representations or from making
any disparaging statements / representations in respect of the
Plaintiff and its products;
(c) Perpetual injunction restraining the defendant, its men,
servants, agents, assigns, director, officers or any person
claiming through or under it from redistribution / copying
and/or distribution of the advertisements filed as Plaint
Document No.1, or any other similar material, including point
of sale material like danglers, posters etc., to any agent,
trader, distributor or any other person, whatsoever;
(d) The defendant be ordered and decreed to pay to the plaintiff a
sum of Rs.1,00,00,000/- as special damages for acts of
disparagement committed by the defendant;
(e) Order costs:
(f) for such further or other reliefs as this Court may deem fit and
proper in the circumstances of the case.
For Plaintiff : Ms.Preeti Mohan
For Defendant : Mr.C.Kathiravan
JUDGMENT
The learned counsel for the plaintiff seeks withdrawal of the suit as the matter is settled out of Court. The counsel for the defendant also submits https://www.mhc.tn.gov.in/judis/ 2/4 C.S.No.712 of 2015 that the defendant withdraws the counter claim, and he has made endorsement to that effect in the case bundle.
2. Recording the above, this suit is dismissed as withdrawn. Registry is directed to refund the Court fee as per law. No costs.
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