Madras High Court
M/S. Manipal Institute Of ... vs M/S. Manipal Group on 20 December, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)CMA(TM)/16, 17, 18, 20, 21, 118, 120/2023
(OA/67, 71, 72, 74/2011, 5/2012, 68, 69/2011/TM/CHN)
M/s. Manipal Institute of Technological Trust,
Madhav Nagar ,
Manipal - 576 119 . ... Appellant in (T)OP(TM)/16/2023
Manipal Academy of Higher Education Trust,
Madhav Nagar ,
Manipal - 576 119 . ... Appellant in (T)OP(TM)/17/2023
M/s. Manipal Academy of Higher Education,
Madhav Nagar ,
Manipal - 576 119 . ... Appellant in (T)OP(TM)/18/2023
M/s. Manipal Education Network,
Madhav Nagar ,
Manipal - 576 119 . ... Appellant in (T)OP(TM)/20/2023
M/s. Medical Relief Society of South Canara,
Madhav Nagar ,
Manipal - 576 119 . ... Appellant in (T)OP(TM)/21/2023
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M/s. Manipal Pai Foundation,
Madhav Nagar ,
Manipal - 576 119 . ... Appellant in (T)OP(TM)/118/2023
M/s. Manipal Institute of Development of Human Resources,
Madhav Nagar ,
Manipal - 576 119 . ... Appellant in (T)OP(TM)/120/2023
-vs-
1.M/s. Manipal Group
C/o The Commercial Corporation of India Ltd
S-501, Manipal Centre,
47, Dickenson Road,
Bangalore - 560 042.
2.The Deputy Registrar of Trade Marks
The Office of the Trade Mark Registry,
Chennai. ... Respondents in all CMAs
PRAYER in (T)CMA(TM)/16/2023: Transfer Civil Miscellaneous
Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act,
1999, praying to call for records, quash and set aside the order of the
Hon'ble Deputy Registrar/2nd Respondent herein dated 11.03.2008
in opposition No. MAS-58808 to Application No.659807 in Class 16
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and consequently disallow and dismiss the Application No.659807 in
Class 16.
PRAYER in (T)CMA(TM)/17/2023: Transfer Civil Miscellaneous
Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act,
1999, praying to Call for records, quash and set aside the order of the
Hon'ble Deputy Registrar /2nd Respondent herein dated 11.03.2008
in Opposition No. MAS58810 to application No. 659807B in Class 16
and consequently disallow and dismiss the Application No. 659807B
in Class 16.
PRAYER in (T)CMA(TM)/18/2023: Transfer Civil Miscellaneous
Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act,
1999, praying to Call for records, quash and set aside the order of the
Hon'ble deputy Registrar/2nd Respondent herein dated 27.02.2008
In opposition No. MAS-58811 to application No. 659807B in class 16
and consequently disallow and dismiss the Application No. 659807B
in class 16.
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PRAYER in (T)CMA(TM)/20/2023: Transfer Civil Miscellaneous
Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act,
1999, praying to call for records, quash and set aside the Order of the
Hon'ble Deputy Registrar/2nd Respondent herein dated 11.03.2008
in Opposition No. MAS 58809 to application No. 659807 in class 16
and Consequently disallow and dismiss the Application No. 659807
in Class 16.
PRAYER in (T)CMA(TM)/21/2023: Transfer Civil Miscellaneous
Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act,
1999, praying to Call for records, quash and set aside the Order of the
Hon'ble Deputy Registrar/2nd Respondent herein dated 27.02.2008
in Opposition No. MAS 58815 to application No. 659807B in Class 16
and consequently disallow and dismiss the Application No. 659807B
in Class 16.
PRAYER in (T)CMA(TM)/118/2023: Transfer Civil Miscellaneous
Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act,
1999, praying to Call for records, quash and set aside the Order of the
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Hon'ble Deputy Registrar/2nd Respondent herein dated 27.02.2008
in opposition No. MAS-58818 to application No. 659807B in class 16
and consequently disallow and dismiss the Application No. 659807B
in Class-16.
PRAYER in (T)CMA(TM)/120/2023: Transfer Civil Miscellaneous
Appeal (Trade Marks) filed under Section 91 of the Trade Marks Act,
1999, praying to Call for records, quash and set aside the order of the
Hon'ble Deputy Registrar/2nd Respondent herein dated 27.02.2008
in Opposition No. MAS-58817 to application No. 659807B in Class 16
and Consequently disallow and dismiss the Application No. 659807B
in Class 16.
For Appellant : Ms.Vindhya S.Mani
in all CMAs for M/s.Lakshmikumaran
and Sridharan
For Respondent 1 : Mr.S.Diwakar
in all CMAs for M/s.TMT Law Practice
For Respondent 2 : Mr.A.R.Sakthivel, SPC
in all CMAs
**********
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COMMON JUDGMENT
Pursuant to the execution of a settlement agreement dated 31.10.2023 between the parties and the issuance of a consent decree in terms thereof by the X Additional District and Sessions Judge (Dedicated Commercial Court), Bengaluru in Commercial O.S.No.960 of 2021, learned counsel for the petitioner has placed on record a memo dated 20.12.2023. In the said memo, it is stated that the appeals listed in Annexure - 1 thereto may be closed.
2. By taking note of the memo, (T)CMA(TM)/16, 17, 18, 20, 21, 118, 120/2023 are dismissed as withdrawn without any order as to costs.
20.12.2023 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No 6/7 https://www.mhc.tn.gov.in/judis SENTHILKUMAR RAMAMOORTHY,J rna (T)CMA(TM)/16, 17, 18, 20, 21, 118, 120/2023 (OA/67, 71, 72, 74/2011, 5/2012, 68, 69/2011/TM/CHN) 20.12.2023 7/7 https://www.mhc.tn.gov.in/judis