Madras High Court
Mohan Breweries And Distilleries ... vs M.P.Beer Products Private Limited on 24 January, 2023
Author: C.Saravanan
Bench: C.Saravanan
C.S.No.277 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.S.No.277 of 2016
Mohan Breweries and Distilleries Limited,
Represented by its Chief Financial Officer,
3rd Floor,
South Indian Film Chamber of Commerce,
No.605 & 606,
T.R.Sundaram Avenue, Thousand Lights,
Chennai – 600 006. ...
Plaintiff
Vs
M.P.Beer Products Private Limited,
Sector A, 62/63 Industrial Estate,
Sector A, Indore,
Madhya Pradesh – 452 015. ... Defendants
Prayer: This Civil Suit is filed under Order IV Rule 1 of the Madras
Original Side Rules and Order VII, Rule 1 of CPC read with Sections 27,
28, 29 and 134 of the Trade Marks Act, 1999 and Sections 51, 55 and 62
of the Copyright Act 1957 and Sections 11 and 22 of the Designs Act,
2000, prayed for a Judgment and Decree:-
1/5
https://www.mhc.tn.gov.in/judis
C.S.No.277 of 2016
a) a Permanent Injunction restraining the defendant by
themselves, or through their men, servants, agents, promoters,
representatives stockist's, retailers, or any one claiming through them
from in any manner using the plaintiffs' bottle bearing the registered
design which are further embossed with the plaintiff's said logo and
registered trademark;
b) a Permanent injunction restraining the defendant by
themselves, or through their men, servants, agents, promoters,
representatives stockist's, retailers, or any one claiming through them
from in any manner whatsoever passing off their beer products as those
of the Plaintiffs';
c) A Preliminary decree be passed in favour of the Plaintiffs'
directing the defendant to render account of profits made by infringing on
the plaintiffs' registered design and trademark and passing off their beer
products as those of the plaintiffs' and a final decree be passed in favour
of the plaintiffs' for the amount of profits thus found to have been made
by defendant after the latter have rendered accounts;
d) A directing to the defendant to surrender on oath to the
plaintiffs for destruction of bottles bearing the Plaintiff's registered design
and trademark;
2/5
https://www.mhc.tn.gov.in/judis
C.S.No.277 of 2016
e) A direction directing defendant to pay a sum of Rs.50,00,000
(Rupees Fifty Lakh Only) as damages for loss suffered by the plaintiff on
account of the defendant's acts of infringement of design, Trademark and
copyright committed by selling their product in the plaintiffs' bottle
bearing the registered design which are further embossed with the
plaintiffs said logo and registered trademark;
f) Costs of the suit.
For Plaintiff : No appearance
For Defendant : No appearance
JUDGMENT
When the suit was taken up for hearing on 12.01.2023, there was no representation on behalf of the plaintiff. Hence, the suit was directed to be listed on 23.01.2023. In fact, earlier when the suit was listed for the plaintiff's witnesses, the plaintiff's witness was not present before the learned Additional Master – IV on 05.01.2023.
3/5https://www.mhc.tn.gov.in/judis C.S.No.277 of 2016
2. It appears that the plaintiff is not interested in prosecuting the case. Hence, this suit is dismissed for non-prosecution. No costs.
24.01.2023 Internet : Yes / No Index : Yes / No Speaking Order/Non-Speaking Order jas 4/5 https://www.mhc.tn.gov.in/judis C.S.No.277 of 2016 C.SARAVANAN, J.
jas C.S.No.277 of 2016 24.01.2023 5/5 https://www.mhc.tn.gov.in/judis