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Madras High CourtA/3278/2019allowed

M/S.Kaleesuwari Refinery Private Limited v. M/S.R.M.Traders

2021-08-24Honourable Dr Justice G. Jayachandran2 pages

A.No.3278 of 2019 in C.S.No286 of 2019 DR.G.JAYACHANDRAN,J.

From the interim report filed by the Advocate Commissioner, who has visited the premises of the defendant, pursuant to the order passed by this Court on 24.08.2021 and the memo filed by the defendant, this Court understand that the defendant has shifted his premises to a new address situated at No.112/18, Meenakshipuram Road, Sivagnanapuram Panchayat, Vridhunagar Taluk. Therefore, the Advocate Commissioner, who visited the erstwhile premises of the defendant on 12.09.2021, shall not be able to discharge the warrant of taking inventory of material, which are connected to the offending trademark/copyright and collect the sales and stock particulars as mandated in paragraph No.14 of the order dated 24.08.2021.

2. Heard the learned counsel for the plaintiff as well as the defendant.

3.Learned counsel for the defendant who has furnished new address of the defendant through memo dated 20.09.2021, states that his client is ready to cooperate for the inventory at the new premises and the Advocate Commissioner shall visit the premises on the date fixed. http://www.judis.nic.in 1/2

DR.G.JAYACHANDRAN,J.

VRI

3. Accordingly, the warrant is modified to the effect that the Advocate Commissioner shall visit the premises of the defendant new address at No.112/18, Meenakshipuram Road, Sivagnanapuram Panchayat, Vridhunagar Taluk, take inventory materials which are connected to the offending trademark/copyright. Also to collect the sales and stock particulars from the defendant regarding their product "WINGS GOLD" both packed with the old pouch as well as the new pouch from 25.04.2019 till the date of visit. The Advocate Commissioner shall visit the premises and take inventory on 08.10.2021.

Call the matter on 21.10.2021.

29.09.2021 vri A.No.3278 of 2019 in C.S.No286 of 2019 http://www.judis.nic.in 2/2