Agsar Match Industries v. Sundrapandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and O.A.Nos.256 to 258 of 2022 & A.No.1896 of 2022 Agsar Match Industries Represented by its Partner 510-A, George Road, Tuticorin - 628 003.

... Plaintiff vs.

Sundarapandian Trading as Gerizim Chemicals No.3, K.M.A. Garden, Kodungaiyur, Chennai-600 118.

... Defendant PRAYER: Plaint filed under and Order IV Rule 1 of the Madras High Court Original Side Rules read with Sections 27, 28, 29, 134 and 135 of the Trade Marks Act, 1999 read with Sections 51, 55 and 62 of the Copyright Act, 1957 read with Section 7 of the Commercial Courts Act, 2015 prayed for Judgment and Decree against the Defendant :- 1/7

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For Plaintiff : Mr.N.C.Vishal for M/s.K.Premchandar For Defendant : M/s.P.C.N.Raghupathy Mr.R.Sathish Kumar **********

J U D G M E N T

The suit was filed seeking relief in respect of alleged trademark and copyright infringement and passing off.

2. The parties have executed a memorandum of compromise dated 23.08.2022. On examining the said memorandum of compromise, the 5/7

plaintiff has executed the same through one of its partners and the defendant through the proprietor. The respective counsel have also signed the same.

3. As per the terms of compromise, the defendant has submitted to a judgment and decree as per paragraph 52 (a), (b), (c) and (f) of the plaint and the plaintiff has agreed to relinquish the relief prayed for in paragraph 52 (d), (e) and (g) of the plaint. The plaintiff has consented to the use of the label enclosed as Annexure A to the memorandum of compromise by the defendant. I find no legal impediment to the issuance of a decree in terms of the memorandum of compromise.

4. In the result, C.S.No.86 of 2022 is decreed in terms of paragraphs (a) (b), (c) and (f) of paragraph 52 of the plaint. The memorandum of compromise shall form an integral part of the decree. On account of the settlement, there will be no order as to costs. Consequently, connected applications are closed.

25.08.2022 kal Index : Yes / No Internet : Yes / No 6/7

SENTHILKUMAR RAMAMOORTHY,J kal C.S.(Comm.Div.) No.86 of 2022 & O.A.Nos.256 to 258 of 2022 & A.No.1896 of 2022 25.08.2022 7/7