R.Thazhalan v. T.Chinnasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2021

CORAM

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH R.Thazhalan, Cavinkare Pvt. Limited, "Cavinkare", 12, Cenotaph Road, Teynampet, Chennai 600 018.

... Petitioner .Vs.

T.Chinnasamy M/s.Mikado Chinn-kun Foods, 4/324, Uchampatty, Dindal Post, Karimangalam Via Palacode Taluk, Dharmapuri-635 111.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, praying to punish the respondents for breach and willful disobedience of the order of interim injunction granted in O.A.No.297 of 2014 in C.S.No.267 of 2014 dated 20.06.2014.

For Petitioner : Mr.R.Sathish Kumar For Respondents : Mr.R.Krishnan

O R D E R

This contempt petition is filed by complaining that the order dated 20.06.2014 passed by this Court in O.A.No.297 of 2014 has not been complied with.

Page No. 1/3

2.The respondent has filed an affidavit and the relevant portions in the affidavit is extracted hereunder:

5.I further states that when that being the truth, the petitioner herein filed the above contempt petition seeking to punish me for willful Dis-obedience of common order passed by this Hon'ble Court in O.A.No.296 of 2015 and O.A.No.297 of 2015 on 20.06.2014. Further, end of December 2016, I had been served with the notice from this Hon'ble Court, wherein I was directed to appear before this Hon'bl Court on 02.01.2017. 6.I states that on perusal of notice and pleadings, immediately (from January 2017) I stopped manufacturing the product namely MAA PLUS entirely and also stops distribution of the said product. On the date of knowledge of the injunctions order passed by this Hon'ble Court in O.A.No.296 of 2015 and O.A.No.297 of 2015 on 20.06.

2014 through the contempt notice, myself voluntarily stopped all the activities such as manufacturing and distributions of the subject product MAA PLUS till this date. Further I undertake that hereafter not to manufacture any of the produce in the name of the MAA PLUS. Hence there is no Disobedience of the interim order passed by this Hon'ble Court. Hence the Contempt petition may be closed."

3.In view of the above stand taken by the respondent, this contempt petition is closed recording the undertaking given by the respondent. Page No. 2/3

Post the suit under the caption 'For Filing Written Statement on 06.01.2022.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ssr/nsa //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.

GS/21/12/2021 To The Sub Assistant Registrar(OS), High Court, Madras Page No. 3/3