M/S.Goodwin Pumps India P.Ltd. v. Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN 1.M/s.Goodwin Pumps India Private Limited, (Formerly known as M/s.Goodwin India Private Limited), Represented by its Authorized Signatory K.Kalyanaraman, Currently at, No.112/1, Chinna Amman Koil Street, Kalavakkam, Thiruporur, Kancheepuram District.

2.M/s.Goodwin PLC, IVY House Foundary, Hanley, Stoke-on-Trent, Staffordshire, ST1 3NR, United Kingdom.

(2nd plaintiff impleaded as per order dated 22.12.2021 in Application No.3493 of 2021.) ... Plaintiffs Vs 1.J.Manikandan 2.Usha Rani 3.Senthil Kumar ... Defendants 1/4

Prayer: This Civil Suit is filed under Order IV Rule 1 of the High Court Original Side Rules read with Order VII Rule 1, prayed for a Judgment and Decree:- a) Directing the defendants to jointly and severally pay the plaintiff a sum of Rs.1,64,01,517/- (Rupees One Crore Sixty Four Lakhs One Thousand Five Hundred and Seventeen Only) towards damages for loss of business, loss of reputation and breach of confidentiality; b) granting the relief of permanent injunction restraining the defendants, their men, agents, employees or anyone claiming under them from using the domain name "Goodwin" with or without any suffixes or prefixes;

c) granting the relief of permanent injunction restraining the defendants, their men, agents, employees or anyone claiming under them from claiming to be the representatives, dealers, agents or service providers of the plaintiff;

d) granting the relief of permanent injunction restraining the defendants, their men, agents, employees or anyone claiming under them from dealing with the clients and customers of the plaintiff, enlisted in Schedule I of the plaint thereby infringing the plaintiff's copyright in the industrial drawing/blue print in the pumps and spare parts in any manner whatsoever.

(prayer (d) amended as per order dated 22.12.2021 in Application No.3494 of 2021) e) For costs of the suit.

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For Plaintiffs : Ms.Suba Shiny for M/s.Rishi S. Ahuja For Defendants :

For D1 & D2 : Mr.V.Selvaraj For D3 : set ex parte

JUDGMENT

The defendants have filed their Written Statement and there is no denial in the Statement of Admission and Denial of Documents filed by the plaintiffs.

2. By an order dated 10.01.2023, A.No.3814 of 2022 filed under Order XIII-A of the Commercial Courts Act, 2015 by the plaintiffs, praying for a summary Judgment to decree the suit as far as reliefs (b), (c), (d) & (e) was allowed. Therefore, this Civil Suit is decreed insofar as prayer (b), (c) and (d). No costs.

10.01.2023 (2/2) Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order arb 3/4

C.SARAVANAN, J.

arb 10.01.2023 (2/2) 4/4