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Madras High CourtA/884/2021allowed

Aqua Pump Industries And Another v. Smt.Nirmala Devi

2021-04-07Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 7th DAY OF APRIL 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN A.No.884 of 2021 in C.S.No.82 of 2021 1.Aqua Pump Industries, rep. by its Managing Partner Mr.Ramaswamy Kumaravelu Thudiyalur Post, Coimbatore 641034 Having their branch office at New No.10, Old No.26 Errabalu Chetty street Parrys corner, Chennai-600 001.

2.Aqua Sub Engineering rep. by its Managing Partner Mr.Ramaswamy Kumaravelu Thudiyalur Post, Coimbatore 641034 Having their branch office at New No.10, Old No.26 Errabalu Chetty Street, Parrys Corner Chennai-600 001.

..Applicants/Plaintiffs -Vs.- Smt.Nirmala Devi Proprietor M/s.JK & Sons, Having address at Old Telephone Exchange, Budhwala Ward No.16, Prem Basti, Budhlada Mansa Dist., Punjab-151502.

..Respondent/Defendant https://hcservices.ecourts.gov.in/hcservices/

Application praying that this Hon'ble Court be pleased to permit the Applicants to combine causes of action of infringement of registered trademark and passing off.

This application coming on this day before this court for hearing, the Court made the following order:

Heard the learned counsel for the petitioner. 2.Matter relates to infringement of trademark. The allegations against the respondent is that there is the infringement of the plaintiff's trademark as well as passing off the goods of the respondent as that of the plaintiff. 3.Private notice served. There is no representation for the respondent. 4.This application is to permit the plaintiff to combine causes of action of infringement of trademark as well as passing off. To avoid multiplicity of proceedings the application in A.No.884 of 2021 is allowed. Sd/-G.J.J 07.04.2021 //Certified to be true copy// Dated at Madras this the day of 2021. JJ 17/04/2021 COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/