Hatsun Agro Product Ltd., v. Hatsun Technologies Private

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.S.No.123 of 2015 Hatsun Agro Product Ltd., Having registered office at, N.1/20-A, Rajiv Gandhi Salai (OMR), Karapakkam, Chennai-600 097 And also carrying on its business at, Old No.AD-83/New No.AD13, Anna Nagar, Opp. IOB Towers Branch, Chennai-600040.

... Plaintiff .Vs.

Hatsun Technologies Private Limited, Prabhavee Tech Park, 4th floor, Baner, Pune-411 045, Maharashtra ... Defendant PRAYER: Plaint under Order VII Rule 1 of C.P.C., praying for a Judgment and Decree against the defendant (a)For Permanent injunction restraining the Defendant by itself, its agents, servants or any one claiming through it from in any manner infringing the

Plaintiff's Trade Mark HATSUN as described in the Schedule hereunder by using the offending trademark HATSUN as part of its trade name, trading style, corporate name, business name, used in respect of their goods or services or in any manner whatsoever; (b) For permanent injunction restraining the Defendant by itself, its servants or agents or anyone claiming through it from in any manner pssing off its business, services or products under the trade mark HATSUN as part of its trade name, trading style, corporate name, business name, domain name or in any manner whatsoever, which is similar, deceptively similar or identical to that of the Plaintiff's trademark HATSUN either by manufacturing or selling or offering for sale or in any manner advertising the same; (c) For permanent injunction restraining the defendant by itself, its men, servants or agents or any one claiming through it from in any manner using the plaintiff's registered trademark HATSUN as described in the Schedule hereunder as part of its domain name www.

hatsuntechnologies.

to the Plaintiff. (f) Directing the Defendant to pay to the Plaintiff the cost of the suit; (g) Granting such further or other reliefs as this Court may deem fit.

For Plaintiff : Mr.Asish Jain for Ms.Surana & Surana For Defendant : No appearance ****

J U D G M E N T

Today, when the matter is taken up for hearing, the learned counsel appearing for the Plaintiff has sought permission of this Court to withdraw this suit. He has also made the following endorsement:

"The Plaintiff prays that the suit in C.S.No.123/15 may be permitted to be withdrawn in the light of the Defendant no longer using the infringed mark with leave to initiate a fresh suit as and when appropriate."

2. Based on the submission made by the learned counsel

KRISHNAN RAMASAMY, J arr for the Plaintiff and also in view of the endorsement made, this Civil Suit is dismissed as withdrawn. No costs.

29.07.2019 arr C.S.No.123 of 2015

29.07.2019