Madras High Court
Prakash Ferrous Industries Private vs Manasarowar Ispat (India) Pvt on 5 November, 2025
C.S(COMM DIV) No. 1 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
C.S(COMM DIV) No. 1 of 2024
1. Prakash Ferrous Industries Private
Limited
Represented by its Director - Mr. Pulkit
Garg, No. 36, First Floor, New Avadi
Road, Kilpauk Garden Colony,
Kilpauk, Chennai - 600 010.
Plaintiff(s)
Vs
1. Manasarowar Ispat (India) Pvt
Limited
157E, 157U, 158A, 157UU, IDA,
Kothur Mandal, Mahaboobnagar
district, Telengana 509228.
Respondent(s)
PRAYER
Civil Suit is filed under Order IV Rule 1 of The Madras High Court
Original Side Rules and Order VII Rule 1 of the Code of Civil Procedure 1908
r/w Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 r/w Section
2(1) (c) (xvii) and Section 7 of The Commercial Courts Act, 2015, praying to
grant a judgment and decree against the Defendant on the following terms:- a. A
permanent Injunction restraining the defendants their Proprietors, Partners,
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C.S(COMM DIV) No. 1 of 2024
directors, subsidiaries, affiliates, franchisees, officers, employees, personnel,
servants agents, representatives including wholesalers, distributors, stockiest,
retailers and anyone acting for or on their behalf from in any manner directly or
indirectly using the trade mark TIRUMALA and /or TIRUMALA GOLD and/
or any other mark identical or similar to the Plaintiffs registered trade mark
TIRUMALA under No.2080185 in Class 35 and TIRUMALA device mark
under Nos.4439606 and 4439607 in Classes 6 and 40 respectively amounting to
infringement of Plaintiffs registered trade marks. b. A permanent injunction
restraining the Defendant, their proprietors, partners, directors, subsidiaries,
affiliates, franchisees, officers, employees, personnel, servants agents,
representatives including wholesalers, distributors, stockists, retailers and
anyone acting for or on their behalf from in any manner directly or indirectly
using trade mark TIRUMALA and/or TIRUMALA GOLD and/or any other
mark identical or similar to the Plaintiff's mark TIRUMALA thereby passing off
their products as that of the Plaintiff c. An order directing the Defendant to
furnish all the data and accounts of any and all transactions undertaken, goods
sold, services rendered and the profits obtained during the course of their
business relating to the sale of goods under the impugned trade marks
TIRUMALA and/or TIRUMALA GOLD and/or any other mark identical or
similar to the Plaintiff's mark TIRUMALA d. An order for delivery up of any
and all the Defendant's finished and/or unfinished products, materials including
packaging materials, signage, cards, labels, brochures, printed materials and any
other material bearing the impugned trade marks and/or any mark which is
identical to and/or deceptively similar to that of the Plaintiff's trade mark
TIRUMALA to the Plaintiff for the purpose of destruction e. Costs and such
other relief.
For Appellant(s): Ms.Scarlet Danielle Grey
for M/s. K. Premchandar
For Respondent(s): M/s. Ramesh Ganapathy
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C.S(COMM DIV) No. 1 of 2024
JUDGMENT
The Joint Memorandum of Compromise dated 31.10.2025 has been duly signed by the parties and their respective counsel and the same has been produced before this Court. A scanned reproduction of the said Joint Memorandum of Compromise is as under:-
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2. Recording the said Joint Memorandum of compromise, this Civil Suit is disposed of in terms of settlement. The said Joint Memorandum of Compromise shall form part of this judgment. No costs.
05-11-2025 kmi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 07:03:44 pm ) C.S(COMM DIV) No. 1 of 2024 To The Sub Assistant Registrar, Original Side, Madras High Court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 07:03:44 pm ) C.S(COMM DIV) No. 1 of 2024 N.SENTHILKUMAR J.
kmi C.S(COMM DIV) No. 1 of 2024 05-11-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 07:03:44 pm )