Madras High Court
Nagarjuna Fertilizers And Chemicals ... vs Ncdex E Markets Limited on 21 October, 2021
Author: R.Subramanian
Bench: R.Subramanian
C.S.No.659 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.659 of 2015
Nagarjuna Fertilizers and Chemicals Limited,
MD Chambers, New No.53,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600004 rep. By its
Vice President – Legal & Company Secretary,
Mr.M.Ramakanth ...Plaintiff
Vs.
NCDEX e Markets Limited,
Akruti Corporate Park, 1st Floor,
Near G.E.Garden, L.B.S.Marg,
Kanjurmarg (West),
Mumbai – 400 079. ...Defendant
Prayer: Plaint filed under Order IV Rule 1 of the Original Side rules and
Order VII Rule 1 of C.P.C., r/w. Sectiosn 27, 28, 29, 134 & 135 of the
Trademarks Act, 1999, praying as follows:-
a) a permanent injunction restraining the defendant, by
themselves, their directors, principal officers, distributors, stockists,
servants, agents, retailers, marketers, advertisers, dealers, legal
representatives or any other person claiming under them from in any manner
using, selling, offering for sale, stocking, advertising, directly or indirectly
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C.S.No.659 of 2015
dealing in the website under the trademark / service mark the mark MANDI
which amounts to infringement of the plaintiff's trademark / service mark
MANDI registered under No.1957218 or any other mark which is identical
or deceptively similar thereto or in any other manner whatsoever;
b) a permanent injunction restraining the defendant, by
themselves, their directors, principal officers, distributors, stockists,
servants, agents, retailers, marketers, advertisers, dealers, legal
representatives or any other person claiming under them from in any manner
using, selling, offering for sale, stocking, advertising, directly or indirectly
dealing in the website under the trademark / service mark MANDI or any
other mark deceptively similar to plaintiff's trademark / service mark
MANDI so as to pass off their services as and for the plaintiff's services
under the said mark or in any manner whatsoever;
c) the defendant be ordered to pay to the plaintiff a sum of
Rs.1,00,000/- as liquidated damages for committing acts of infringement
against plaintiff's trademark / service mark MANDI and to pass off their
services as and for the plaintiff's services;
d) the defendants be ordered and decreed to deliver up for
destruction to the plaintiff all the software, CDs, or any other electronic
media, brochures, leaflets, pamphlets, hand bills, hoardings, wall posters,
stationery items and such other sales promotional materials bearing and / or
containing the impugned trademark “MANDI”;
e) a preliminary decree be passed in favour of the plaintiff
directing the Defendant to render true accounts of profits made by them by
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C.S.No.659 of 2015
use of the identical trade mark / service mark MANDI and a final decree be
passed in favour of the plaintiff for the amount of profits found to have been
made by the defendant after the latter has rendered accounts;
f) for costs of the entire proceedings.
For Plaintiff : Mr.Rahul M Shankar for
Arun C.Mohan
For Defendants : Mr.Adithya Reddy
JUDGMENT
Mr.Rahul M.Shankar, learned counsel for the plaintiff would submit that he has got instructions to withdraw the suit. The defendant had also filed an affidavit stating that it is not using the disputed trademark any more.
2.In view of the said submission made by the learned counsel for the plaintiff and taking into account the affidavit filed by the defendant, this suit is dismissed as withdrawn. No costs. Liberty is reserved to sue in the event, there is a fresh cause of action.
21.10.2021 kkn 3/6 https://www.mhc.tn.gov.in/judis/ C.S.No.659 of 2015 Internet:Yes/No Index:Yes/No Speaking / Non-Speaking List of witness and documents filed on the side of the plaintiff:
Nil List of witness and documents filed on the side of the defendant:
Nil 21.10.2021 kkn 4/6 https://www.mhc.tn.gov.in/judis/ C.S.No.659 of 2015 R.SUBRAMANIAN, J.
KKN C.S.No.659 of 2015 5/6 https://www.mhc.tn.gov.in/judis/ C.S.No.659 of 2015 21.10.2021 6/6 https://www.mhc.tn.gov.in/judis/