K.A.S.Zainulabdin And Co v. P. Manicka Chettiar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI & C.M.P.Nos.2281, 2285 & 2287 of 2025 M/s. K.A.S. Zainulabdin & Co.

No.196, Angappan Street Chennai 600 001 rep. by its Partner K.M.Saleem.

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Appellant Vs.

1. P.Manicka Chettiar

2. P.M.Pulugaiya

3. M.A.Nagoor Pitchai

4. MAA Annapoorna Transport Agency New No.46, Old No.311 Thambu Chetty Street Chennai 600 001.

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Respondents Prayer : Appeal under Section 13 of the Commercial Courts Act, 2015, read

with Clause 15 of Letters Patent read with Order XXXVI, Rule 9 of O.S. Rules, against the order dated 19.07.2024 passed in C.S.No.453 of 2012. For Appellant :

Mr.Arun C.Mohan For Respondents :

Dr.A.Thiagarajan Senior Counsel For M/s. J.Radhakrishnan

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) After the appeal was heard for sometime, without going into the merits of the matter and keeping open all rights and contentions, the following order is passed:

(a) the impugned order dated 19.07.2024 is quashed and set aside; and (b) the matter is remanded for de novo consideration.

2. Mr.Arun is requesting for restoring the injunction that appellant had enjoyed for quite some time. Mr.Thiagarajan for respondents states that respondents have stopped using the infringing mark for quite some

time. Statement is accepted. In view thereof, Mr.Arun is not pressing for restoring the injunction.

3. The appeal is disposed of. All rights and contentions are kept open. There shall be no order as to costs. Consequently, all the interim applications also stand disposed.

(K.R.SHRIRAM, CJ) (R.KALAIMATHI,J.) 10.02.2025 Index :

Yes/No :

Yes/No kpl

THE HON'BLE CHIEF JUSTICE AND R.KALAIMATHI,J.

(kpl) 10.02.2025