Jorawar Singh v. Sambhu Singh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.10.2022 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR & O.A.Nos.250 and 251 of 2022 & A.No.1895 of 2022 in Jorawar Singh Sole Proprietor of M/s.Ratan Marketing No.99, Govindappa Naicken Street Chennai - 600 001 ... Plaintiff Vs.
1. Sambhu Singh
2. Kheem Singh Sole Proprietor Trading as Deepak Trading Co.
38/39, Krishnappa Tank Street Kondithope, Chennai
3. Shri.Krishna Enterprises Plot No.2375, Ground Floor Block No.B, DSIIDC Industrial Area, Narels Page No.1/12
Delhi - 110 040 ... Defendants Civil Suit filed under Order VII Rule 1 CPC and Order IV Rule 1 of Original Side Rules read with Sections 27, 28, 29, 134 and 135 of the Trademarks Act, 1999 to grant a judgment and decree on the following terms: a. a permanent injunction restraining the Defendants, by itself, its lawful assignees, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the plaintiff's registered trademarks 'AGL GOLD' under Nos.3300882 and 5021645 in Class 09 by manufacturing, marketing, using or in any other manner dealing with electrical products under the trademark KGL GOLD or in any other manner whatsoever;
b. a permanent injunction restraining the Defendants, by itself, its lawful assignees, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner passing off and/or enabling others to pass off the Defendant' products under the trademark 'KGL GOLD' as and for the plaintiff's products by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using advertising their products with a trademark and /or label that is identical with that of the plaintiff's AGL GOLD trademark or in any other manner whatsoever;
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c. The Defendants be ordered to surrender to the Plaintiff for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark ' KGL GOLD' or any mark deceptively similar to plaintiff's trademark AGL GOLD;
d. a preliminary decree be passed in favour of the plaintiff directing the Defendants to render account of profits made by use of trademark 'KGL GOLD' and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the Defendants after the latter have rendered accounts; e. for costs of the suit; and f. pass such other or other reliefs as this Hon'ble Court may deem fit and necessary in the circumstances of the case and thereby render justice.
For Plaintiff : Mr.R.Sathish Kumar For Defendants : Mr.A.Prakash for Mr.A.Swaminathan for D1 and D2 D3 Given up Page No.3/12
JUDGMENT
Captioned suit is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.
2. Mr.R.Sathish Kumar, learned counsel on record for sole plaintiff and Mr.A.Prakash, learned counsel on record for defendants 1 and 2 are before this Commercial Division.
3. The case file brings to light that third defendant has been given up by the plaintiff on 11.10.2022. This means that there is one plaintiff and two defendants in the captioned suit now.
4. Both aforementioned learned counsel submits that lis has been since settled between both sides and the same has been reduced to writing in terms of a 'Joint Memorandum of Compromise dated 17.10.2022' [hereinafter 'said JMOC' for the sake of brevity, convenience and clarity] 5.Both learned counsel have placed before this Commercial Division Page No.4/12
said JMOC and a scanned reproduction of the same (along with docket) is as follows:
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6.Both learned counsel request for a compromise decree in the main suit in terms of said JMOC.
7. As regards the presence of the parties, both sides submit that there is some difficulty for the parties in being present before this Commercial Division today. However, learned counsel submit that said JMOC has been signed by the plaintiff as well as defendants 1 and 2 in the presence of each other and signatories are those who have signed the pleadings in the main suit and make a request for dispensing with the presence of the parties. On this basis, request acceded to.
In the light of narrative thus far, captioned suit is decreed in terms of aforementioned JMOC, which shall form part of the judgment and decree. There shall be no order as to costs. Consequently, captioned applications are also disposed of as closed.
18.10.2022 Index : Yes / No Internet : Yes / No gpa Page No.11/12
M.SUNDAR.J., gpa 18.10.2022 Page No.12/12