Trends In Vogue Pvt Ltd v. Ms. Sangeetha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.09.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDER Cont.Petition No.811 of 2017 Trends in Vogue Pvt Ltd., Represented by its authorized Signatory R.Ramachandra Regd Office at No.12, First Floor, Cavin Ville, Cenotaph Road, Teynampet, Chennai - 600 018.

... Petitioner Vs.

Ms.Sangeetha, Sole Proprietor, M/s.Isha Enterprises No.346/447, "Sri Sai Heights''

1st floor, 17th Cross, 17th Main HSR Lay out, Sector-4, Bangalore-560 102.

...Respondent

Contempt Petition filed under Sections 11 of the Contempt of Court Act, to punish the respondent herein under Contempt of Courts Act, 1971, for willfully disobeying the common order dated 29-08-2016 passed by this Court in Application No. 4185 of 2016 also for willfully breaching the undertaking given to this Court in the above proceedings.

For Petitioner : Mr.C.S.K.Sathish For Respondent : Ms.Hema Srinivasan

O R D E R

1. Mr.Sathish, learned counsel for the petitioner says that the respondent/contemnor has complied with the undertaking given on 29.08.2016, pursuant to the order of this Court dated 29.07.2016, after much delay. Learned counsel says that as of now the respondent/contemnor appears to have removed the hoarding, which adverted to the petitioner's trade mark, that is, "Green Trends" and ''Green Trends Family Saloon".

2. Ms.Hema Srinivasan, who appears for the respondent/contemnor along with Mr.Sathish Babu, the husband of Ms.Sangeetha, i.e, the respondent/contemnor, says that the respondent/contemnor will continue to abide by the undertaking given by her on 29.08.2016. 2.1. Furthermore, the learned Counsel says that since, the counter affidavit to the captioned petition was filed by Mr.Sathish Babu, that is, the husband of Ms.Sangeetha, a fresh undertaking in terms of the order dated 29.07.2016, will be filed, which would, inter alia, indicate that the respondent/contemnor will continue to abide by her undertaking given to this Court.

3. It is ordered accordingly. Let the needful be done within ten (10)

days from today.

4. Furthermore, having regard to the aforesaid submission of the counsel for the respondent/contemnor, the Contempt Petition is closed. However, given the fact that the petitioner was constrained to move this Court, the respondent/contemnor will pay, towards costs, a sum of Rs.10,000/- (Ten Thousand Only) to the petitioner.

5. List the matter for compliance on 03.10.2017. 12.09.2017 vsm

RAJIV SHAKDER, J.

Cont.Petition No.811 of 2017 12.09.2017