M/S. Sri Modern Weigh Systems v. M/S. Nipro Machoi Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and C.M.P.Nos.7723 of 2024 Appeal (CAD) No.10 of 2024:

1.M/s.Sri Modern Weigh Systems, rep. by its Proprietor R.Rajkumar 2.R.Rajkumar, Proprietor/Manager/Partner of M/s.Modern Weigh Systems 3.Ranjithraja M/s.Modern Weigh Systems represented Appellants 1 to 3 have office at No.2, Maruti Complex on Omalur Main Road, opposite the New Bus Stand, Salem-641 025.

.. Appellants Vs

1.M/s.Nipro MACHOI P. Ltd., rep. by its Director d.Narasimhan, No.9, Lakshmi Nagar, Edayarpalayam to Kauvandampalayam Main Road, Edayarpalayam, Coimbatore-641 025.

2.D.Narasimhan, Sole Proprietor, Nipro Weitek, No.19, Edayarpalayam to Kauvandampalayam Main Road, Edayarpalayam, Coimbatore-641 025.

.. Respondents Prayer : Appeal under Section 96 of the Civil Procedure Code read with Order XLI of the CPC and under Section 13(1) of the Commercial Courts Act, 2015 against the order and decreetal order dated 24.7.2023 made in I.A.No.2 of 2023 in C.O.S.No.107 of 2023 on the file of the Commercial Court (District Judge Cadre), Coimbatore.

For Appellants : Mr.S.Sivashanmugam For Respondents : Ms.Reshma Rajagopal for M/s.M.S.Bharath Appeal (CAD) No.13 of 2024:

1.M/s.Nipro MACHOI P. Ltd., rep. by its Director D.Narasimhan, No.9, Lakshmi Nagar, Edayarpalayam to Kauvandampalayam Main Road, Edayarpalayam, Coimbatore-641 025.

2.D.Narasimhan, Sole Proprietor, Nipro Weitek, No.19, Edayarpalayam to Kauvandampalayam Main Road, Edayarpalayam, Coimbatore-641 025.

.. Appellants Vs.

1.M/s.Sri Modern Weigh Systems, rep. by its Proprietor R.Rajkumar having office at No.2, Maruti Complex, On Omalur Main Road, Opposite the New Bus Stand, Salem-641 025.

2.R.Rajkumar, Proprietor/Manager/Partner of M/s.Modern Weigh Systems No.2, Maruti Complex, On Omalur Main Road, Opposite the New Bus Stand, Salem-641 025.

3.Ranjithraja Proprietor/Manager/Partner of M/s.Modern Weigh Systems No.2, Maruti Complex, On Omalur Main Road, Opposite the New Bus Stand, Salem-641 025.

.. Respondents

Prayer : Appeal under Section 96 of the Civil Procedure Code read with Order XLI of the CPC and under Section 13(1) of the Commercial Courts Act, 2015 against the decree and judgment of Commissioner District Court dated 22.2.2024 in C.O.S.No.107 of 2023.

For Appellants : Ms.Reshma Rajagopal for M/s.M.S.Bharath For Respondents : Mr.S.Sivashanmugam COMMON JUDGMENT (Delivered by Hon'ble The Chief Justice) Appeal (CAD) No.10 of 2024:

One V.Rajkumar, who is appellant No.2 and partner of appellant No.1, is filing an undertaking dated 16 th December, 2024 for himself and on behalf of appellant No.1 undertaking not to use the trademark name "MACHOI" in future.

2. Shri Shivashanmugam, on instructions, states that the undertaking would also extend not to use any name, which might even remotely be considered to be deceptively similar to the name "MACHOI".

Statement is accepted as an undertaking to this Court.

3. At this stage, Ms.Reshma Rajagopal states that her instructions are appellant Nos.1 and 2 registered a trademark name "MAKHOI" which is deceptively similar. Shri Shivashanmugam states the owner of the trademark shall immediately apply for cancellation of the said trademark. Ms.Reshma Rajagopal states that perhaps respondents will be inclined to seek an assignment of that trademark. Shri Shivashanmugam states, if an acceptable offer is made, he would advise appellants to assign the trademark in view of the undertaking as recorded above by this Court.

4. Ms.Reshma Rajagopal is pressing for costs.

5. Shri Shivashanmugam states his instructions are not to pay any costs, but to give a sum of Rs.1.00 lakh towards charity. Both counsels suggest different charities. Instead of splitting hairs on whose charity should be accepted, we decided to direct appellants to pay the sum of Rs.1.00 lakh (Rupees One Lakh only) to the following account of the

Medical Research Foundation [Sankara Nethralaya], New No.41, Old No.18, College Road, Chennai-600 006:

Bank Name :

HDFC Bank Limited Nungambakkam Branch No.4, Nungambakkam High Road Chennai-600 034 Account No.

:

00821000087815 Bank IFSC/Code for NEFT :

HDFC 0000082 Branch MICR Code :

600240006 The compliance affidavit shall be filed and copy served on respondents within two weeks from today.

6. The statement of appellants that appellant No.3 Ranjithraja is no more employed with them is accepted. Appeal by Ranjithraja is dismissed.

7. Appeal (CAD) No.10 of 2024 is, accordingly, disposed of. There shall be no order as to costs. Consequently, interim application also stands disposed of.

Appeal (CAD) No.13 of 2024:

8. In view of the above, Ms.Reshma Rajagopal, seeks leave to withdraw Appeal (CAD) No.13 of 2024.

9. Appeal (CAD) No.13 of 2024 is dismissed as withdrawn. There shall be no order as to costs.

(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 17.12.2024 Index :

Yes/No NC :

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THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

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17.12.2024