Madras High Court
M/S.Sri Modern Weigh Systems vs ____________ on 17 December, 2024
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
Appeal (CAD) Nos.10 and 13 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2024
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
Appeal (CAD) Nos.10 and 13 of 2024
and C.M.P.Nos.7723 of 2024
Appeal (CAD) No.10 of 2024:
1.M/s.Sri Modern Weigh Systems,
rep. by its Proprietor R.Rajkumar
2.R.Rajkumar,
Proprietor/Manager/Partner of
M/s.Modern Weigh Systems
3.Ranjithraja
M/s.Modern Weigh Systems
represented Appellants 1 to 3 have
office at No.2, Maruti Complex
on Omalur Main Road,
opposite the New Bus Stand,
Salem-641 025. .. Appellants
Vs
____________
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https://www.mhc.tn.gov.in/judis
Appeal (CAD) Nos.10 and 13 of 2024
1.M/s.Nipro MACHOI P. Ltd.,
rep. by its Director d.Narasimhan,
No.9, Lakshmi Nagar,
Edayarpalayam to Kauvandampalayam Main Road,
Edayarpalayam, Coimbatore-641 025.
2.D.Narasimhan,
Sole Proprietor, Nipro Weitek,
No.19, Edayarpalayam to Kauvandampalayam Main Road,
Edayarpalayam,
Coimbatore-641 025. .. Respondents
Prayer : Appeal under Section 96 of the Civil Procedure Code read with
Order XLI of the CPC and under Section 13(1) of the Commercial Courts
Act, 2015 against the order and decreetal order dated 24.7.2023 made in
I.A.No.2 of 2023 in C.O.S.No.107 of 2023 on the file of the Commercial
Court (District Judge Cadre), Coimbatore.
For Appellants : Mr.S.Sivashanmugam
For Respondents : Ms.Reshma Rajagopal
for M/s.M.S.Bharath
Appeal (CAD) No.13 of 2024:
1.M/s.Nipro MACHOI P. Ltd.,
rep. by its Director D.Narasimhan,
No.9, Lakshmi Nagar,
Edayarpalayam to Kauvandampalayam Main Road,
Edayarpalayam, Coimbatore-641 025.
____________
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Appeal (CAD) Nos.10 and 13 of 2024
2.D.Narasimhan,
Sole Proprietor, Nipro Weitek,
No.19, Edayarpalayam to Kauvandampalayam Main Road,
Edayarpalayam,
Coimbatore-641 025. .. Appellants
Vs.
1.M/s.Sri Modern Weigh Systems,
rep. by its Proprietor R.Rajkumar
having office at No.2, Maruti Complex,
On Omalur Main Road,
Opposite the New Bus Stand,
Salem-641 025.
2.R.Rajkumar,
Proprietor/Manager/Partner of
M/s.Modern Weigh Systems
No.2, Maruti Complex,
On Omalur Main Road,
Opposite the New Bus Stand,
Salem-641 025.
3.Ranjithraja
Proprietor/Manager/Partner of
M/s.Modern Weigh Systems
No.2, Maruti Complex,
On Omalur Main Road,
Opposite the New Bus Stand,
Salem-641 025. .. Respondents
____________
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https://www.mhc.tn.gov.in/judis
Appeal (CAD) Nos.10 and 13 of 2024
Prayer : Appeal under Section 96 of the Civil Procedure Code read with
Order XLI of the CPC and under Section 13(1) of the Commercial Courts
Act, 2015 against the decree and judgment of Commissioner District Court
dated 22.2.2024 in C.O.S.No.107 of 2023.
For Appellants : Ms.Reshma Rajagopal
for M/s.M.S.Bharath
For Respondents : Mr.S.Sivashanmugam
COMMON JUDGMENT
(Delivered by Hon'ble The Chief Justice) Appeal (CAD) No.10 of 2024:
One V.Rajkumar, who is appellant No.2 and partner of appellant No.1, is filing an undertaking dated 16 th December, 2024 for himself and on behalf of appellant No.1 undertaking not to use the trademark name “MACHOI” in future.
2. Shri Shivashanmugam, on instructions, states that the undertaking would also extend not to use any name, which might even remotely be considered to be deceptively similar to the name “MACHOI”. ____________ Page 4 of 9 https://www.mhc.tn.gov.in/judis Appeal (CAD) Nos.10 and 13 of 2024 Statement is accepted as an undertaking to this Court.
3. At this stage, Ms.Reshma Rajagopal states that her instructions are appellant Nos.1 and 2 registered a trademark name “MAKHOI” which is deceptively similar. Shri Shivashanmugam states the owner of the trademark shall immediately apply for cancellation of the said trademark. Ms.Reshma Rajagopal states that perhaps respondents will be inclined to seek an assignment of that trademark. Shri Shivashanmugam states, if an acceptable offer is made, he would advise appellants to assign the trademark in view of the undertaking as recorded above by this Court.
4. Ms.Reshma Rajagopal is pressing for costs.
5. Shri Shivashanmugam states his instructions are not to pay any costs, but to give a sum of Rs.1.00 lakh towards charity. Both counsels suggest different charities. Instead of splitting hairs on whose charity should be accepted, we decided to direct appellants to pay the sum of Rs.1.00 lakh (Rupees One Lakh only) to the following account of the ____________ Page 5 of 9 https://www.mhc.tn.gov.in/judis Appeal (CAD) Nos.10 and 13 of 2024 Medical Research Foundation [Sankara Nethralaya], New No.41, Old No.18, College Road, Chennai-600 006:
Bank Name : HDFC Bank Limited
Nungambakkam Branch
No.4, Nungambakkam High Road
Chennai-600 034
Account No. : 00821000087815
Bank IFSC/Code for NEFT : HDFC 0000082
Branch MICR Code : 600240006
The compliance affidavit shall be filed and copy served on respondents within two weeks from today.
6. The statement of appellants that appellant No.3 Ranjithraja is no more employed with them is accepted. Appeal by Ranjithraja is dismissed.
7. Appeal (CAD) No.10 of 2024 is, accordingly, disposed of. There shall be no order as to costs. Consequently, interim application also stands disposed of.
____________ Page 6 of 9 https://www.mhc.tn.gov.in/judis Appeal (CAD) Nos.10 and 13 of 2024 Appeal (CAD) No.13 of 2024:
8. In view of the above, Ms.Reshma Rajagopal, seeks leave to withdraw Appeal (CAD) No.13 of 2024.
9. Appeal (CAD) No.13 of 2024 is dismissed as withdrawn. There shall be no order as to costs.
(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.)
17.12.2024
Index : Yes/No
NC : Yes/No
bbr
____________
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https://www.mhc.tn.gov.in/judis Appeal (CAD) Nos.10 and 13 of 2024 THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
bbr Appeal (CAD) Nos.10 and 13 of 2024 ____________ Page 8 of 9 https://www.mhc.tn.gov.in/judis Appeal (CAD) Nos.10 and 13 of 2024 17.12.2024 ____________ Page 9 of 9 https://www.mhc.tn.gov.in/judis