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Madras High CourtCS/169/2020decree in terms of memo of comprom

M/S.V.V.V. And Sons Edible Oils Limited v. M/S.Sri Kanyaka Parameshwari Oil Mills

2021-07-30Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 30TH DAY OF JULY 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN C.S.No.169 of 2020:- M/s.V.V.V&Sons Edible Oils Limited., Represented by its Director, M.Rajiv Vignesh, No.443, Bazaar, Virudhunagar - 626 001.

Registered Address No.6,6/2, Ellayamudali Street, II Lane, (Kailasam Street), Tondiarpet, Chennai - 600 081.

... Plaintiff

Versus

1. M/s.Sri Kanyaka Parameshwari Oil Mills, #14,12th Cross, Vinayaka Road, Bendrenagar,(Bangalore) Bengaluru - 560 070.

2. M/s.S.K.AAgro TECHH, #14, Gottigehalli Road, Kaggalahalli,(Bangalore) Bengaluru - 565 112.

... Defendants Civil suit praying that this Hon'ble Court be pleased to grant: (a) a permanent injunction restraining the defendants, their men or agents or anybody claiming under them from in any way infringing the registered composite trade mark of the plaintiff by using identical colour scheme and getup of their trade dressing sachets;

(b) damages of Rs.10,00,000/- to be paid by the defendants to the plaintiff;

(c) grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case;

(d) grant costs of this suit and thus render justice. This suit coming on this day before this court for hearing in the presence of Mr.P.V.Sudakar, Advocate for the plaintiff herein and Mr.R.Sathish Kumar, Advocate for the defendants herein and upon reading the plaint filed herein and joint memorandum of compromise signed by the plaintiff and the defendants with their respective advocates and the said advocates for the parties hereto praying this court to pass a decree in term of joint memorandum of compromise morefully set out in the schedule hereunder, it is in terms thereof ordered and decreed as follows:- That the defendant herein, undertakes that they have changed their pouch design with the different trade dress by using the following colour scheme and get up and for which the plaintiff has agreed, which is as follows:-

2) That (1)M/s.Sri Kanyaka Parameshwari Oil Mills, and (2)S.K.Agro Techh, the defendants herein their men or agents or anybody claiming under them, be and are hereby restrained by an order of permanent injunction from in any way infringing the registered composite trade mark of the plaintiff by

using identical colour scheme and get up of their dressing sachets.

3) That the plaintiff herein, be and is hereby given up the reliefs under prayer 12(b), 12(c) of the suit.

4) That there shall be no order as to costs of this suit. Schedule - JMC

VSP 04/10/2021

ORDER

DATED : 30.07.2021 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN FOR APPROVAL: 21/10/2021 APPROVED ON: 25/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 30.07.2021 Coram::

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN M/s.V.V.V & Sons Edible Oils Limited, Represented by its Director, M.Rajiv Vignesh, No.443, Bazaar, Virudhunagar - 626 001.

Registered Address No.6, 6/2, Ellayamudali Street - II Lane, (Kailasam Street), Tondiarpet, Chennai - 600 081.

... Plaintiff /versus/

1. M/s.Sri Kanyaka Parameshwari Oil Mills, #14, 12th Cross, Vinayaka Road, Bendrenagar, (Bangalore), Bengaluru - 560 070.

2. M/s.S.K.AAgro TECHH, #14, 12th Cross, Vinayaka Road, Bendrenagar, (Bangalore), Bengaluru - 560 070.

... Defendant Prayer: Plaint is filed under Order IV Rule 1 of the Madras High Court Original Side Rules and Order 7 Rule 1 of C.P.C and 134 & 135 of the Trade Marks Act, 1999 read with 7 of the Commercial Division Act 4 of 2016.

(a) Permanent injunction restraining the defendants, their men or agents or anybody claiming under them from in any way infringing the registered composite trade mark of the plaintiff by using identical colour scheme and getup of their trade dressing sachets; (b). Damages of Rs.10,00,000/- to be paid by the defendants to the plaintiff.

(c). Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances.

For Plaintiff : Mr.P.V.Sudakar For Defendant : Mr.R.Sathish Kumar

JUDGMENT

The parties have entered into a compromise and agreed to settle the dispute out of Court. In view of the terms of compromise entered between the parties on 23.06.2021, the suit is decreed. The terms of compromise shall form part of the decree. No order as to costs. Sd./-G.J.J 30.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.