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Madras High CourtCS/829/2001dismissed as withdrawal

1.L.G.Varadarajulu v. M/S.Raj Ganesh Enterprises

2021-09-22Honourable Mr Justice R. Subramanian11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 22ND DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S.No.829 of 2001 C.S.No.829 of 2001:-

1. L.G.Varadarajulu, S/o.Late Sr.L.R.G.Naidu, 166/B, Tea Estates Compound, Race Course,Coimbatore.

2. M/s.Premier Industrial Drives (Pvt.)Ltd., Office At India House, Trichy Road, Coimbatore-641 018.

3. M/s.ELGI Ultra Industries Ltd., Office At India House, Trichy Road, Coimbatore-641 018.

... Plaintiffs

Versus

M/s.Raj Ganesh Enterprises, 32-A, North Usman Road, T.Nagar, Chennai - 600 017.

... Defendant Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree in favour of the plaintiff and against the defendants as follows:- (a) A Decree for perpetual injunction restraining the defendants, their servants, agents assigns and each one of them, from, in any way, infringing the Patent No.179607 and /or in any way, using any part or portion of the

said Patent Specification for manufacture of table top wet grinders and/or using and/or utilising the said Patent and/or any part or portion thereof for improvements in or relating to manufacture of table top wet grinders, in any way, infringing the aforesaid Patent of any part of portion thereof; (b) A Decree of perpetual injunction restraining the Defendants, their servants, agents and assigns and each of them from, in any way, using any process within the range, scope or purview of the said Patent bearing No.

179607 or any part or portion thereof in any manner whatsoever; (c) A Decree of perpetual injunction restraining the Defendants, their servants, agents and assigns and each of them, from, in any way, manufacturing or selling or offering for sale or marketing or advertising table top wet grinders which uses and/or utilise the claims in the specifications of the said Paten bearing No.

with Patent No.179607 and/or Design and verification upon oath that the defendants do not have in their possession, power, control or custody any such infringing apparatus.

(e) A Decree of perpetual injunction restraining the Defendants, their servant, agents and assigns and each of them, from in any way, infringing the plaintiff's copy right in its instruction manual or any part or portion thereof in any manner whatsoever.

(f) A Decree perpetual injunction, restraining the defendants, their men, servants, agents assigns and each and any other person claiming under them, from,in any way manufacturing or selling or offering for sale or marketing or advertising or otherwise dealing with their Table Top Wet Grinder or any variation thereof which uses and/or utilises the claims and representations of the plaintiff's design bearing No.163445 and 163446 and/or any part or portion thereof and/or which comes within the range scope and/or purview of the said design or any part thereof; (g) A Decree of perpetual injunction, restraining the defendants, their servants, agents assigns and each one of them, from passing off and selling their table top wet grinders with their existing design which is a flagrant

copy of the plaintiff's registered design;

(h) Decree for damages for Rs.5,000/- as claimed herein above as loss and damages suffered by the plaintiff's together with interest at 24% per annum from the date of plaint to the date or realisation; (i) directing the defendants and each of them, their servants, agents and assigns to render true and faithful accounts in respect of the invention manufactured and sold by the said defendants which infringed Patent No.179607 and direct an enquiry into the loss and damages suffered by the plaintiff's by reason of the aforesaid wrongful acts and infringement and pass a decree for the amount due and payable upon such enquiry; (j) directing the Defendants to pay the costs of the suit; This Civil Suit coming on this day before this count for hearing in the presence of Mr.Madhan Babu for M/s.R.

Parthasarathy, Advocates for the plaintiff's herein and Ms.S.Varsha for M/s.A.

suit and this court doth recording the statement and, it is ordered as follows:- (i) That the Civil Suit No.829 of 2001 be and is hereby dismissed as withdrawn.

(ii) That there shall be no costs of this suit. WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22ND DAY OF SEPTEMBER 2021.

Sd./- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.

VSP 01/10/2021 C.S.No.829 of 2001

ORDER

DATED :22/09/2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN FOR APPROVAL:11/10/2021 APPROVED ON:21/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.829 of 2001 1.L.G.Varadarajulu 2.M/s.Premier Industrial Drives (Pvt.) Ltd., 3.M/s.ELGI Ultra Industries Ltd.

...Plaintiffs Vs.

M/s.Raj Ganesh Enterprises, 32-A, North Usman Road, T.Nagar, Chennai - 600 017.

...Defendant Prayer: Plaint filed under Order IV Rule 1 of the original side rules and Order VII Rule 1 of C.P.C., r/w. Section 108 of the Patents Act, 1970 and Section 53 of the Designs Act, 1911, praying as follows:- a) a decree for perpetual injunction restraining the defendants, their servants, agents assigns and each one of them, from, in any way, infringing the Patent No.179607 and / or in any way, using any part or portion of the said Patent specification for manufacture of table top wet grinders and / or using and / or utilising the said Patent and / or any part or portion thereof for improvements in or relating to manufacture of table top wet grinders, in any way, infringing the aforesaid Patent or any part or portion thereof;

b) a decree of perpetual injunction restraining the Defendants, their servants, agents and assigns and each of them from, in any way, using any process within the range, scope or purview of the said Patent bearing No.179607 or any part or portion thereof in any manner whatsoever; c) a decree of perpetual injunction restraining the Defendants, their servants, agents and assigns and each of them, from, in any way, manufacturing or selling or offering for sale or marketing or advertising table top wet grinders which uses and / or utilise the claims in the specifications of the said Patent bearing No.

179607 and / or any part or portion thereof and / or which comes within the range, scope and / or purview of the said patent or any part thereof, in any manner whatsoever; d) Delivery up upon oath of all apparatus relating to manufacture of table top wet grinders by the defendants, their servants, agent and assigns that in any manner have infringed or have been manufactured in accordance with patent No.179607 and / or Design and verification upon oath that the defendants do not have in their possession, power, control or custody any such infringing apparatus.

e) a decree of perpetual injunction restraining the Defendants, their servants, agents and assigns and each of them, from in any way, infringing the plaintiff's copy right in its instruction manual or any part or portion thereof in any manner whatsoever.

f) a decree of perpetual injunction restraining the defendants, their men, servants, agents assigns and each and any other person claiming under them, from, in any way manufacturing or selling or offering for sale or marketing or advertising or otherwise dealing with their Table Top Wet Grinders or any variation thereof which uses and / or utilises the claims and representations of the plaintiffs' design bearing No.163445 and 163446 and / or any part or portion thereof and / or which comes within the range scope and / or purview of the said design or any part thereof; g) a decree of perpetual injunction restraining the defendants, their servants, agents assigns and each one of them, from passing off and selling their table top wet grinders with their existing design which is a flagrant copy of the plaintiff's registered design.

h) decree for damages for Rs.5,000/- as claimed herein above as loss and damages suffered by the plaintiffs together with interest at 24% per annum from the date of plaint to the date of realisation; i) directing the defendants and each of them, their servants, agents and assigns to render true and faithful accounts in respect of the invention manufactured and sold by the said defendants which infringed Patent No.179607 and direct an enquiry into the loss and damages suffered by the plaintiffs by reason of the aforesaid wrongful acts and infringement and pass a decree for the amount due and payable upon such enquiry; j) directing the Defendants to pay the costs of the suit. For Plaintiffs : Mr.Madhan Babu for Mr.R.Parthasarathy For Defendant : Ms.S.Varsha for Mr.A.Prabhakar Reddy

J U D G M E N T

It is stated that the 1st plaintiff is no more. Mr.Madhan Babu, learned counsel appearing for the plaintiffs 2 and 3 would submit that he has instructions to withdraw the suit and seeks to withdraw the suit.

2.Recording the said statement, this suit is dismissed as withdrawn. No costs.

Sd./-R.S.M.J 22.09.2021 List of witness and documents filed on the side of the plaintiffs: Nil List of witness and documents filed on the side of the defendant: Nil Sd./-R.S.M.J 22.09.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.