Madras High CourtSUB A/35/2024decree in terms of memo of comprom

M/S Sangeetha Caterers And Consultants Llp And Another v. M/S Sangeetham

2024-03-26Honourable Mr Justice Abdul Quddhose9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. (Comm. Div) No.35 of 2024 and O.A. No.121 of 2024 and A. No.1013 of 2024 M/s. SANGEETHA CATERERS AND CONSULTANTS LLP Represented by its Designated Partners:

1. Mr. P. Rajagopal

2. Mr. P. Suresh ...Plaintiff vs.

M/s. SANGEETHAM House of Veg Rep. by its Proprietor:

S. NIMESH EDWIN No. 19, D5, Tuticorin Main Road, Veerapandianpattinam, Thiruchendur Pin Code: 628 216.

.... Defendant Prayer : PLAINT FILED UNDER ORDER IV RULE 1 OF O.S. RULES AND ORDER VII RULE 1 OF CPC READ WITH SECTION 27, 134 AND 135 OF THE TRADEMARKS ACT 1999 & PROVISO 1 OF SECTION 7 OF THE COMMERCIAL COURTS ACT, 2015. (A) a permanent injunction restraining the defendants, their legal representatives, their successors in business, assigns, franchisees, 1/9

servants or agents from operating the restaurant business by infringing the plaintiffs registered trademarks Sangeetha with Veena Mark, SVR Sangeetha Veg. Restaurant SVR, Sangeetha Veg. Restaurant (with a VEENA MARK).

(E) the defendant be ordered to pay to the plaintiffs a sum of Rs. 10,00,000/-(Rupees Ten Lakhs Only) as damages for their wrongful and illegal act by use of the registered trademark: 2/9

(F) for cost of the suit; and (G) for such further and other reliefs.

For Plaintiff : Mr.L.Rajasekar For Defendant : Mr.Vishnuram

JUDGMENT

Both the learned counsels on instructions have placed before this Court a Memorandum of Compromise signed by the defendant and unsigned by the plaintiff. However, the learned counsel for the plaintiff on instructions would submit that the plaintiff is agreeable to the terms of compromise mentioned in the Joint Compromise Memo, dated 25.03.2024, signed by the defendant and counter-signed by the defendant's counsel.

2. Since both the parties have agreed to the terms contained in the Joint Compromise Memo, dated 25.03.2024 signed by both the parties and counter-signed by their respective counsels, the same is incorporated below :

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3. In terms of the above Memorandum of Compromise, the suit is decreed. No costs. Consequently, connected applications are closed. 26.03.2024 Index: Yes/ No Speaking order / Non speaking order vsi2 8/9

ABDUL QUDDHOSE, J.

vsi2 C.S. (Comm. Div) No.35 of 2024 and O.A. No.121 of 2024 and A. No.1013 of 2024 26.03.2024 9/9