Madras High Court
Aachi Cargo Channels Private Limited vs A.D.Padmasingh Isaac on 2 September, 2021
Bench: Sanjib Banerjee, P.D.Audikesavalu
O.S.A.No.59 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
O.S.A.No.59 of 2021
and C.M.P.No.2125 of 2021
Aachi Cargo Channels Private Limited,
Door No.9, III Floor, VGP Murphy Squire,
No.19, GST Road, St. Thomas Mount,
Chennai 600 016, Tamil Nadu. ... Appellant
Vs
1. A.D.Padmasingh Isaac
2. M/s.Aachi Masala Foods (P) Ltd.,
Rep. by its Director, Ashwin Pandian. ... Respondents
Appeal filed under Order XXXVI Rule (ii) of O.S. Rules read with
Clause 15 of the Letters Patent against the judgment and decree dated
29.11.2019 passed in C.S.No.341 of 2010 on the file of original side of
this court.
For the Appellant : Ms.Revathi G.Mohan
For the Respondents : Mr.P.S.Raman
Senior Counsel
for Ms.Gladys Rosette C.Daniel
*****
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https://www.mhc.tn.gov.in/judis/
O.S.A.No.59 of 2021
JUDGMENT
(Delivered by the Hon'ble Chief Justice) Though the appellant takes a strong stand that the plaintiff- respondents cannot claim exclusivity over word mark "Aachi", which is a generic word, it is fairly submitted on behalf of the appellant that the international air cargo business carried on by the appellant under the name and style of "Aachi Cargo Channels Pvt. Ltd" has not been pursued after 2013.
2. In such view of the matter, particularly since the appellant does not use the mark or logo "Aachi" in connection with its business any more, there is no point in dealing with the matter any further.
3. It is recorded that the plaintiff-respondents plaintiffs have submitted that in view of the fact that the appellant no longer carries on any business in the name of "Aachi", the costs awarded by the impugned judgment and decree will not be pressed. __________ Page 2 of 4 https://www.mhc.tn.gov.in/judis/ O.S.A.No.59 of 2021
4. Accordingly, O.S.A.No.59 of 2021 is disposed of without interfering with the judgment and decree impugned and leaving the issue as to the plaintiffs' exclusivity in respect of the mark "Aachi" to be decided on a case to case basis. The costs awarded by the impugned decree may not be recovered from the appellant herein.
There will be no order as to costs as far as the present appeal is concerned. C.M.P.No.2125 of 2021 is closed.
(S.B., CJ.) (P.D.A., J.)
02.09.2021
Index : no
sra
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Page 3 of 4
https://www.mhc.tn.gov.in/judis/ O.S.A.No.59 of 2021 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra) O.S.A.No.59 of 2021 02.09.2021 __________ Page 4 of 4 https://www.mhc.tn.gov.in/judis/