Madras High Court
Mohan Breweries & Distilleries Ltd vs M/S.Khoday Breweries Limited on 24 August, 2021
Author: R.Subramanian
Bench: R.Subramanian
C.S.No.6 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.6 of 2011
Mohan Breweries & Distilleries Ltd.,
No.158, Rayala Towers, II Floor,
Anna Salai, Chennai – 600 002.
Represented by its Chief Financial Officer
& Company Secretary,
Mr.T.Krishnamurthy ...Plaintiff
Vs.
1.M/s.Khoday Breweries Limited,
7th Mile, Kanakapura Road,
Bangalore – 560 002.
2.M/s.Tamilnadu State Marketing Corporated Ltd.,
1, Gandhi Irwin Road, Egmore,
Chennai – 600 008. ...Defendants
Prayer: Plaint filed under Order VII, Rule 1 of C.P.C., r/w. Order IV Rule 1
of the High Court original side rules r/w. Sections 22 of the Designs Act,
2000, praying as follows:-
a) granting permanent injunction restraining the defendants by
themselves, their servants or agents or anyone claiming through them from
in any manner infringing the plaintiff's registered and well established bottle
design referred as M.O.No.1 either by using the offending identical bottle
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C.S.No.6 of 2011
design referred as M.O.No.2 or in any manner advertising the same.
b) directing the defendants to surrender to the plaintiff the entire
stock of unused offending identical bottle design along with the blocks and
dyes for destruction;
c) directing the defendants to render a true and faithful account of
the profits earned by the defendants through the sale of beer by using the
offending bottle design and directing payment of such profits to the plaintiff
for the infringement committed by the defendants;
d) directing the defendant to pay to the plaintiff the costs of the
suit.
For Plaintiff : Mr.S.Diwakar for Mr.Rajesh Ramanathan
For Defendants : Ms.N.Mrinalini for Mr.Ananth
Padmanabhan
JUDGMENT
Mr.S.Diwakar, learned counsel appearing for the plaintiff would submit that he has got instructions to withdraw the suit. A memo to that effect has also been filed.
2.In view of the above, this suit is dismissed as withdrawn. No costs.
24.08.2021 kkn 2/5 https://www.mhc.tn.gov.in/judis C.S.No.6 of 2011 Internet:No List of witness and documents filed on the side of the plaintiff:
Nil List of witness and documents filed on the side of the defendants:
Nil 24.08.2021 kkn 3/5 https://www.mhc.tn.gov.in/judis C.S.No.6 of 2011 R.SUBRAMANIAN, J.
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