M/S Susil Palm Products And 4 Others v. Gurugadahalli Rudresh Sharanth
A.Nos.557, 558 of 2022 A.Nos.557, 558 of 2022 in C.S.(Comm.Div.) No.111 of 2021 SENTHILKUMAR RAMAMOORTHY,J A.Nos.557 and 558 of 2022 are filed under Order XXXIX Rule 2A CPC to punish the first respondent for wilful disobedience of the orders dated 06.12.2021 in O.A.Nos.782 and 783 of 2021 in the above suit. The first respondent has filed an affidavit dated 10.03.2022. In support of the affidavit, the first respondent has enclosed a letter dated 01.03.2022 from CEE EMM EXPORT stating that the said dealer has stopped "GREEN BELL" desiccated coconut powder from 06.01.2022. The said statement is taken on record. In the said affidavit, the first respondent has undertaken as under:
"3. It is submitted that my dealers have stopped selling the product under the Brand Name "GREEN BELL". It is further submitted that I had completely stopped selling / supplying / service providing of the product under the Brand Name "GREEN BELL" and also had removed the "GREEN BELL" brands presence in the web pages, and my websites too etc.,"
2. Likewise, the third respondent / defendant has filed an affidavit of 5th March 2022. In the said affidavit, at paragraph 16, the third respondent / defendant has undertaken as under: SENTHILKUMAR RAMAMOORTHY,J https://www.mhc.tn.gov.in/judis 1/2
A.Nos.557, 558 of 2022 rna "16. I state that however, the 3rd respondent . defendant is willing to take down the impugned product from any specific URLs as directed by this Hon'ble Court pertaining to the Defendant No.1 in present case from the portal of the 3rd respondent / defendant, within a week of such direction / order along with the URLs being communicated by the Plaintiff to the 3rd respondent / defendant. I state that the present submission is without prejudice to any of the rights, contentions and claim of the 3rd defendant herein in the above application and the suit."
3. In view of the above undertakings, nothing survives of these two applications, which are disposed of in terms of the said undertakings, which shall form a part of the order.
15.03.2022 (1/2) rna A.Nos.557, 558 of 2022 in C.S.(Comm.Div.) No.111 of 2021 https://www.mhc.tn.gov.in/judis 2/2