Madras High Court
S.Sudhakar vs M/S.Jay Bharath Pulse Mills on 4 September, 2023
Author: P.T. Asha
Bench: P.T. Asha
C.S (Comm Div). No. 177 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.09.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S (Comm Div). No. 177 of 2023
&
O.A.Nos.621 & 622 of 2023
&
A.No. 3742 of 2023
1.S.Sudhakar
2.S.Dhinakar
3.M/s.T.M.Karuppiah Nadar Sons,
No.84, M.C.Road,
Old Washermenpet,
Chennai 600 021.
rep by its Partner,
S.Sudhakar. ... plaintiffs
Vs.
1.M/s.Jay Bharath Pulse Mills,
S.No.546/1, Himmathnagar Idar Road,
Near Mehtapura Railway crossing,
Savgadh, Himmatnagar – 383 001.
Sabarkantha District, Gujarat.
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C.S (Comm Div). No. 177 of 2023
2.Zakir Hussain Mohammed Shafi Mutvalli,
Partner/person in-charge,
Jay Bharat Pulse Mills,
S.No.546/1, Himmathnagar Idar Road,
Near Mehtapura Railway crossing,
Savgadh, Himmatnagar – 383 001.
Sabarkantha District, Gujarat.
3.Abdul Hamid Abdul Hakim Modasia,
Partner/person in-charge,
Jay Bharat Pulse Mills,
S.No.546/1, Himmathnagar Idar Road,
Near Mehtapura Railway crossing,
Savgadh, Himmatnagar – 383 001.
Sabarkantha District, Gujarat. ... defendants
Prayer: Plaint filed under Order VII Rule 1 of CPC read with Order
IV Rule 1 of the Original Side Rules and Section 51, 55 and 62 of the
Copyright Act, 1957 and Section 27, 134 and 135 of the Trade Marks
Act, 1999, for
A. A permanent injunction restraining the defendants, their
men, servants, agents, assigns, subsidiaries or anyone claiming
through or under them or acting under their directions, from in any
manner whatsoever infringing the plaintiffs' copyright contained in
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C.S (Comm Div). No. 177 of 2023
their TOWER label, filed herewith as Plaint Document No.2, by
manufacturing, selling, offering for sale, stocking, advertising,
exporting, importing either directly and/or indirectly any goods and in
particular any food or allied products including Dhall varieties under
the TOVER label, filed herewith as Plaint Document No.5, or any
other label which is identical with and/or deceptively similar and/or a
substantial reproduction of the plaintiffs' TOWER label filed as
Plaint document No.2;
B. Granting a permanent injunction restraining the defendants,
their distributors, stockiest, servants, agents, retailers, representatives
or any other person claiming under/through them from in any manner
manufacturing, selling, offering for sale, stocking, advertising,
exporting, importing either directly and/or indirectly any goods and in
particular any food or allied products including Dhall varieties under
the trademark TOVER, either per se or in combination and/or any
other mark either in English or any other language which is identical
with or deceptively similar to the plaintiffs' mark 'TOWER' so as to
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C.S (Comm Div). No. 177 of 2023
pass off the defendants products as and for the products of the
plaintiffs or in any other manner whatsoever connected with the
plaintiffs;
C. The defendants be ordered to surrender to plaintiffs for
destruction all packed goods, labels, dyes, blocks, moulds, screen
prints, packing materials and other materials bearing the trademark
'TOVER' or the offending label filed as Plaint document No.5 either
per se or in combination and/or any other mark either in English or
any other language which is identical with or deceptively similar to
the plaintiffs' mark 'TOWER' or label filed as Plaint Document No.2;
D. A preliminary decree be passed in favour of the plaintiffs
directing the defendant to render account to profits made by use of
mark/label 'TOVER' filed s Plaint Document No.5, either per-se or or
in combination and/or any other mark either in English or any other
language 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;
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C.S (Comm Div). No. 177 of 2023
E. The defendants be ordered and decreed to pay to the
plaintiffs a sum of Rs.25,00,000/- as special damages for acts of
passing off and infringement of copyright committed by them;
F. For costs of the suit.
For Plaintiffs : Mr.Rahul Balaji
For Defendants : Mr.Abhinav Parthasarathy
JUDGEMENT
The parties have entered into a joint memorandum of compromise. The terms of the compromise are more fully set out in clause 3 to 11.
2. A cheque for a sum of Rs.5,000/- has also been produced by the learned counsel for the defendants as per clause 5 of the memorandum of compromise, which shall be deposited by them to the Registrar General, Madras High Court.
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3. The compromise memo is taken on file and the suit is decreed in terms of clause 3 to 11 of the said memo. Consequently, the connected applications are closed. No costs.
04.09.2023
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Index :Yes/No
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