Madras High Court
Aachi Spices And Foods Pvt. Ltd vs Aachi Trucking Services Private ... on 14 August, 2019
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.S.No.901 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2019
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.S.No.901 of 2010
1.Aachi Spices and Foods Pvt. Ltd.,
Plot No: 1926, 34th Street,
I Block, Ishwarya Colony,
Anna Nagar West, Chennai – 600 040.
Represented by its Director,
A.D.Padmasingh Issac.
2.M/s.Aachi Masala Foods (P) Ltd.,
No.6, Ground Floor,
15th Street, Anna Nagar, 'G' Block,
Chennai – 600 040.
Represented by its Director,
Ashwin Pandian. ... Plaintiffs
Vs.
Aachi Trucking Services Private Limited,
Door No:9, III Floor, VGP Murphy Squire,
No:19, GST Road, ST.Thomas Mount,
Chennai – 600 016,
Tamilnadu, India. ... Defendant
Plaint filed under Order VII Rule 1 C.P.C. read with Order IV
Rule 1 of the High Court Original Side Rules praying for:
(a) granting a permanent injunction, restraining
the defendant, by himself, his servants, agents,
distributors, or anyone claiming through him from
manufacturing, selling, advertising and offering for sale
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C.S.No.901 of 2010
using the same name AACHI as used by the plaintiffs
and the trademark AACHI TRUCKING SERVICES
PRIVATE LIMITED or any other similar trademark name
or similar sounding expression in any media and use the
same in name board, invoices, letter heads and visiting
cards or by using any other trademark/name which is in
anyway visually or deceptively or phonetically similar to
the plaintiffs' trademark/name AACHI and use the same
in pouches, packets or use the mark in invoices, letters
heads and visiting cards, as part of their company name
or any other trade literature or by using any other
trademark which is in any way visually, or phonetically
similar to the plaintiffs' registered Trademark
Nos.922594, 922595, 1374937, 1340324, 1340325,
1367430, 1372439, 1372440, 1375754, 838786,
976559, 1025302, 1025304, 1025305, 1318493,
1318494, 1318495, 1375755, 1375756, 1380625,
1357284, 1479158, 1479159, 1418281, 1025303,
1415328 and 1116254 or in any manner infringing the
plaintiff's registered trademarks referred herein.
(b) directing the defendant to surrender to the
plaintiffs all the packing material, cartons, advertisement
materials and hoardings, letter-heads, visiting cards,
office stationery and all other materials
containing/bearing the name AACHI as shown in
Document No.2 or other deceptively similar trademark
used in the pouches and packets bearing the word
AACHI.
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C.S.No.901 of 2010
(c) directing the defendant to render an account of
profits made by them by the use of the impugned
trademark and get up as shown in Document No.2 on
the service referred and decree the suit for the profits
found to have been made by the defendant after the
defendants have rendered accounts:
(d) directing the defendant to pay to the plaintiff's
the costs to the suit, and
(e) pass such further or other orders, as this
Hon'ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
For Plaintiffs : M/s.C.Daniel & Gladys Daniel
For Defendant : Set ex-parte
vide order dated 20.12.2016
JUDGMENT
The learned counsel appearing for the plaintiffs submitted that nothing survives in this case for adjudication, since the defendant Company was in dormant state from the year 2014, and they are not carrying on any business and the name of the defendant Company was also struck off from the List of Companies by the Registrar of Companies in the year 2014 itself. The learned 3/4 http://www.judis.nic.in C.S.No.901 of 2010 KRISHNAN RAMASAMY,J., at counsel also drawn the attention of this Court to the ROC Notice. Therefore, the learned counsel submitted that the present Civil Suit may be closed granting liberty to the plaintiff to file a fresh suit against the defendant, in case, if the defendant Company again got enrolled in the List of Companies and carrying on the business by using the plaintiff's trademark “AACHI”.
2. Considering the above submission of the learned counsel for the plaintiffs, this Civil Suit is closed with liberty as sought for by the plaintiff. No costs.
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