Aasife Biriyani (P)Ltd., v. Varalakshmi Food

A.No.2979 of 2022 A.No.2979 of 2022 in C.S.(Comm.Div.)No.142 of 2022 C.SARAVANAN, J.

This application has been filed to permit joinder of cause of action in respect of infringement of Trade Mark, Copyright and Passing off in a single suit.

2. The Court records indicates that the suit summons on the respective defendants has been served on 13.08.2022 and on 26.08.2022. Though they have entered appearance through a Counsel, no Written Statement has been filed so far.

3. The above application has been filed for combining the cause of action under clause 14 of the Letters Patent read with Order II Rule 3 of C.P.C. The applicant/plaintiff has filed the suit for combining the cause of auction for infringement of the Registered Trade Mark and for passing off and for a preliminary decree to direct the defendants to render a true accounts of all profits made by them.

1/2 https://www.mhc.tn.gov.in/judis

A.No.2979 of 2022 C.SARAVANAN, J.

arb

4. Being satisfied with the reasons given in the affidavit filed in support of this application and considering the fact that the cause of action has arisen from the same set of facts, this application filed for combining the cause of action stands allowed.

14.02.2023 (1/2) arb A.No.2979 of 2022 in C.S.(Comm.Div.)No.142 of 2022 2/2 https://www.mhc.tn.gov.in/judis