Tirumala Milk Products Pvt.Ltd v. Thirumalaivasa Milk Products

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice KRISHNAN RAMASAMY O.S.A.Nos.248 and 249 of 2018 and C.M.P.Nos.11905 to 11907 of 2018 Tirumala Milk Products Private Limited rep. by its Manager (Legal) S.Mukundh ..

Appellant in both O.S.As Vs 1.Thirumalaivasa Milk Products Private Limited, No.5, 2nd Street, Sri Ayyappa Nagar, Kolathur, Chennai - 99.

2.Danda Brahmanandam 3.Danda Brahmanandam Danda Srinivas 4.Harish Milk and Milk Products, #8 Shop 8/2, Shri Sayi Garden Layout, TC Palya Main Road, Near Anandapura Circle, Bangalore - 560 016.

..

Respondents in both O.S.As Appeals preferred under Order XXXVI Rule 9 of O.S. Rules r/w Clause 15 of Letters Patent and Section 13 of Commercial Courts Act, 2015 against the order dated 06.06.2018 made in O.A.Nos.331 and 334 of 2018 in C.S.No.226 of 2018. For Appellant ..

Mr.Satish Parasaran, Sr. Counsel for Mr.Cyril Amarchand Mangaldas in both the appeals For Respondents..

Mr.P.S.Raman, Sr. Counsel for Mr.Rajesh Ramanathan in both the appeals

COMMON JUDGMENT (Judgment of the Court was delivered by M.M.SUNDRESH, J.) These appeals have been preferred against the order of the learned single Judge in and by which while accepting the modification made, the corporate name was allowed to continue. Therefore, the scope of these appeals is only restricted to the corporate name, which they use.

2.Heard the learned senior counsel appearing for the appellant and the learned senior counsel appearing for the respondents.

3.On a suggestion made by this Court, learned senior counsel appearing for the respondents would submit that the corporate name would be changed to "DWARAKA THIRUMALAIVASA MILK PRODUCTS PRIVATE LIMITED" from the existing name of "THIRUMALAIVASA MILK PRODUCTS PRIVATE LIMITED". But the learned senior counsel appearing for the appellant has no instructions. 4.We are of the view that interest of justice would be secured if the aforesaid suggestion is accepted. After all, the appellant has succeeded substantially before the learned single Judge. The modification is also restricted only to the use of corporate name and it has also been agreed upon by the respondents to modify the same as aforesaid.

5.In such view of the matter, these Original Side Appeals stand disposed of by directing the respondents to change the corporate name from "THIRUMALAIVASA MILK PRODUCTS PRIVATE LIMITED" to "DWARAKA THIRUMALAIVASA MILK PRODUCTS PRIVATE LIMITED". We are inclined to grant eight weeks from today to make appropriate change of the corporate name as aforesaid. We make it clear that this is only an interim arrangement, pending suit, which is stated to be in advanced stage as the matter is posted for framing issues. No costs. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar mmi

To

1. The Sub Assistant Registrar, Original Side, High Court, Madras.

+1 CC to Cyril Amarchand, Advocate sr 4351.

+1 CC to Mr. Rajesh Ramanathan, Advocate sr 3558. O.S.A.Nos.248 and 249 of 2018 MG(CO) SP(07/02/2019)