Madras High Court
Bharat Balar vs Rajendra Distributors on 7 January, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
C.S.No.701 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.701 of 2014
1.Bharat Balar,
F-3, First Floor, Akshaya Plaza,
108, Adittanar Salai,
Egmore,
Chennai - 600 002.
2.White Lion Trading Private Ltd.,
F-3, First Floor, Akshaya Plaza,
108, Adittanar Salai,
Egmore,
Chennai - 600 002.
rep. by its Managing Director,
Mr.Bharat Balar. ... Plaintiffs
..Vs..
1.Rajendra Distributors,
38/41, Reghunayakuly Street,
Park Town,
Chennai - 600 003.
2.Sha Mahendra Kumar Asuram,
Director,
Rajendra Distributors,
No.2, Nyniappa Maistry Street,
Chennai - 600 003.
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C.S.No.701 of 2014
3.Sha Asuram Madaji,
Director,
Rajendra Distributors,
No.2, Nyniappa Maistry Street,
Chennai - 600 003. ... Defendants
PRAYER : Plaint filed under and Order IV Rule 1 of the Madras High
Court Original Side Rules read with Order VII Rule 1 of the Code of Civil
Procedure read with Section 27 of the Trademarks Act, 1999 and Sections
11 and 22 of Designs Act, 2000 prayed for a Judgment and Decree:-
(a) a Permanent injunction restraining the defendants by
themselves, their heirs, legal representatives, men, servants, agents,
distributors, stockists, wholesalers, retailers, representatives, or any one
claiming through them from in any manner infringing the plaintiffs'
copyright in the registered design by manufacturing, assembling, sale and
distribution of containers with or without idly plates with identical designs
for their products or any product which is an imitation of the plaintiffs'
copyright in the registered design no.256062 dated 27th August 2012 in
class 07-02 for Unitary Multilayer Container and idly plates or in any other
manner whatsoever;
(b) a Permanent injunction restraining the defendants, by
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C.S.No.701 of 2014
themselves, their heirs, legal representatives, men, servants, agents,
distributors, stockists, wholesalers, retailers, representatives or any one
claiming through them from in any manner passing off and enabling others
to pass of their containers with or without idly plates as and for plaintiffs'
Unitary Multilayer Container and idly plates by using the identical shape and
configuration for their products or any other Products which are identical to
that of or an obvious imitation of the plaintiffs' Unitary Multilayer Container
and idly plates respectively and amount to product passing off or in any
other manner whatsoever;
(c) The defendants be ordered to surrender to the plaintiffs for
destruction, all moulds, blocks, dyes, Brouchers and all other materials used
for the manufacture and marketing of containers and idly plates which are
identical to or an obvious imitation of the plaintiffs' copyright in the
registered design;
(d) a preliminary decree be passed in favour of the plaintiffs
directing the defendants to render account of profits made by imitating
imitation of the plaintiffs' copyright in the registered design in respect of
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C.S.No.701 of 2014
Unitary Multilayer Container and idly plates and a final decree be passed in
favour of the plaintiffs for the amount of profits thus found to have been
made by the defendants after the latter have rendered accounts;
(e) the defendants be ordered and decreed to pay to the plaintiffs a
sum of Rs.5,00,000/- as damages for acts of Design infringement and
passing off committed by the defendants by manufacture and sale of
containers and idly plates bearing the Shape and configuration and design of
the plaintiffs;
(f) for costs of the suit.
For Plaintiff : M/s.Chandhini
for Mr.Arun C.Mohan
For Defendants : Mr.Kalyan Jhabakh
for M/s.Surana and Surana
*******
JUDGMENT
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https://www.mhc.tn.gov.in/judis/ C.S.No.701 of 2014 On 29.12.2020 a Letter had been addressed by the learned counsel for the plaintiff to the Registrar (Original Side Commercial Division of Madras High Court).
2. The Letter is extracted below:
"AAM/RS/1603/ The Registrar, Original Side Commercial Division Madras High Court Chennai.
Dear Sir, Ref: Madras High Court - CS (Commercial) No.701 of 2014 - Bharat Balar and White Lion Trading Private Ltd., - V - Rajendra Distributors and 2 others.
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We write on behalf of the Plaintiff in the above captioned matter.
We hereby withdraw the Civil Suit (Commercial Division) No.701 of 2014 as per out client's instructions.
The said suit and injunction are listed for hearing before Hon'ble Mr.Justice C.V.Karthikeyan on 4th January 2021.
Kindly take this as an endorsement and do the needful.5/8
https://www.mhc.tn.gov.in/judis/ C.S.No.701 of 2014 Yours faithfully, sd/----
(ARUN C.MOHAN) Counsel for Plaintiff."
3. It is to be mentioned that a memo had also been filed by the learned counsel for the defendants and they have also stated as follows:
"1. It is submitted the Defendant herein had filed an application under Section 19 of the Designs Act, 2000 seeking cancellation of the registration of Registered Design No.256062 in Class 07 - 02 in the name of the Plaintiff.
2. It is submitted that the Deputy Controller of Patents and Designs by order dated 19th June 2020 the application filed by the Defendants for the cancellation of the registered Design No.256062 dated 27th August 2013 in respect of "Unitary Container" in 07 - 02 was allowed and it was ordered to record that the said design as cancelled in the Register of Designs.
3. The order dated 19th June 2020 is enclosed herewith.
It is therefore prayed that this Hon'ble Court may be pleased to record this memo and pass appropriate orders.6/8
https://www.mhc.tn.gov.in/judis/ C.S.No.701 of 2014 Dated at Chennai on this 6th day of November 2020.
sd/----
(SURANA AND SURANA) Counsel for Defendant."
4. The order dated 19.06.2020 passed by the Deputy Controller and Patents and Designs has also been enclosed. At any rate, since the plaintiff has indicated withdrawal without any liberty, the suit is dismissed as withdrawn. No order as to costs.
07.01.2021 Index : Yes / No Web : Yes / No rna C.V.KARTHIKEYAN, J rna 7/8 https://www.mhc.tn.gov.in/judis/ C.S.No.701 of 2014 C.S.No.701 of 2014 07.01.2021 8/8 https://www.mhc.tn.gov.in/judis/