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Madras High CourtOSA/89/2021dismissed

New Hindustan Petro Chemicals v. Hindustan Unilever Ltd

2022-11-18Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR New Hindustan Petro Chemicals, Gadag, Karnataka 582120 ...

Appellant Vs 1.Hindustan Unilever Ltd., 101, Santhome High Road, Chennai 600 028 2.Roopa Industries, rep. By Mr.Sathish Honnahalli ...

Respondents Prayer: Appeals filed against the order dated 23.12.2020 in O.A.Nos.489 of 2020, 556 of 2015, 555 of 2015, 557 of 2015 in C.S.(Comm.Div) No.427 of 2015.

For the Appellant ::

Mr.N.Murali Kumaran, for Mr.S.Saravanan For the Respondents ::

Mr.B.Madhan Babu, for M/s.R.Parthasarathy, for the first respondent COMMON JUDGMENT

(Made by the Hon'ble Acting Chief Justice) When Mr.Murali Kumaran, learned counsel appearing for the appellant began his arguments, Mr.B.Madhan Babu, learned counsel appearing for the first respondent requested this court to hear him on two points.

2. Firstly, the Trial Court has to decide who is the bona fide user of the trademark "WHEEL". This Court has protected the interest of the first respondent by way of an order of injunction dated 15.07.2015 in O.A.Nos.555 to 557 of 2015. Even after the order of injunction granted by this court, the appellant started using the trademark "DOUBLE WHEEL".

3. Secondly, the matter is ripe for trial. Therefore, the parties should be directed to face the trial.

4. The suit is of the year 2015. Both sides submitted that they are prepared to face the trial. Therefore, the appeals stand dismissed, directing the parties to approach the trial court. Since the suit is

already listed for trial, the trial Court is requested to dispose of the suit as expeditiously as possible and in any case within a period of four months from the date of receipt of a copy of this judgment.

5. Both parties agreed before us that they would cooperate with the trial.

6. In the result, the appeals are dismissed. No costs. Consequently, C.M.P.Nos.3751 of 2021, 3749 of 2021, 3756 of 2021, 3755 of 2021 and 3752 of 2021 are closed.

(T.R., ACJ.) (D.K.K., J.) 18.11.2022 Index: Yes/No tar

T.RAJA, ACJ, and D.KRISHNAKUMAR, J.

(tar) 18.11.2022