M/S Anjappar Chettnad A.C.Restaurant (Partnership Firm) v. M/S Sree Anjapper Hotels

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.11.2022

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR and O.A.Nos.129 & 130 of 2022 & A.No.891 of 2022 in M/s.Anjappar Chettinad A.C.Restaurant (Partnership Firm) Rep. by one of its partner Mr.A.Kandasamy No.7/2, J.P.Towers Thirumurthy Nagar Main Road Nungambakkam, (Nungambakkam High Road) Chennai-600 034.

.. Plaintiff Vs.

M/s.Sree Anjapper Hotels 36, Karikalan East 1st Cross Street, Paramesh Nagar, Adambakkam, Chennai, Tamil Nadu - 600 088.

.. Defendant This Civil Suit is preferred, under Order IV, Rule 1 of the Original Side Rules read with Order VII Rule 1 of CPC read with Sections 27, 29, 134 an 135 of the Trademarks Act, 1999 and Sections 2(1)(c)(xvii) and 7 of the Commercial Courts Act, 2015, praying (a) For a permanent injunction restraining the defendant, their men, agents, servants or anyone claiming through them from in any Page Nos.1/8

manner infringing the plaintiffs registered trademark 'Anjappar Chettinad A.C. Restaurant' by using the trademark 'SREE ANJAPPER HOTELS', which is identical and deceptively similar to the plaintiffs registered trademark 'Anjappar Chettinad A.C. Restaurant'; (b) For a permanent injunction restraining the defendant, their men, agents, servants, or any one claiming through them from in any manner passing off their food products as that of the plaintiffs by using the identical trademark 'SREE ANJAPPER HOTELS', which is identical and deceptively similar to the plaintiffs registered trademark 'Anjappar Chettinad A.C. Restaurant';

(c) Directing the defendant to surrender to the plaintiffs the entire stock of unused offending goods with Trade Mark 'SREE ANJAPPER HOTELS' together with cartons, strips, brochures, printing blocks, etc., bearing the offending Trademark for destruction; (d) Directing the defendant to render a true and faithful accounts of the profits earned by them through the sale of their food products bearing the infringing trademark 'SREE ANJAPPER HOTELS' which is similar and / or deceptively similar to the plaintiffs' Trademark 'Anjappar Chettinad A.C. Restaurant' and directing the payment of such profits to the plaintiffs;

(e) Directing the defendant to pay the costs of the suit to the plaintiffs;

For Plaintiff :

Mr.Avinesh .V, For Defendant :

Ms.V.Jayalakshmi Page Nos.2/8

J U D G M E N T

Captioned matter is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.

2. Mr.Avinesh .V, learned counsel on record for sole plaintiff and Ms.V.Jayalakshmi, learned counsel on record for sole defendant are before this Commercial Division.

3. Both the aforementioned learned counsel submit that the parties have settled the lis in the captioned main suit and have reduced to writing the terms of the same vide a 'memorandum of compromise between the plaintiff and defendant dated 05.11.2022' [hereinafter 'said MOC' for the sake of convenience and clarity]. Both the learned counsel have placed before this Commercial Division said MOC and a scanned and reproduction of the same together with docket is as follows: Page Nos.3/8

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4. Adverting to said MOC, both learned counsel submit that the plaintiff and defendant signed said MOC in the presence of each other and request for dispensing with presence of parties for recording of said MOC. Both the learned counsel request for a compromise decree in terms of said MOC in the captioned main suit.

5. In the light of the nature of the matter and in the light of the submission that both parties have signed said MOC in the presence of each other, request for dispensing with the presence of parties for recording of said MOC is acceded to.

6. Captioned main suit is disposed of in terms of said MOC which shall form part of judgment and decree. Consequently, captioned three applications are disposed of as closed. There shall be no order as to costs.

14.11.2022 Index : Yes/No Speaking/Non-speaking order mk Page Nos.7/8

M.SUNDAR, J.

mk and O.A.Nos.129 & 130 of 2022 & A.No.891 of 2022 in 14.11.2022 Page Nos.8/8