M/S R K Ganapathi Chettiar v. Creamline Dairy Products Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.1946 of 2025 in C.S.(Comm.Div.) No.DR.59620 of 2025 M/s R K Ganapathi Chettiar No. 138, Muthur Road, SF. No. 199/2, Veeranampalayam Village, Kangayam, Tirupur District - 638 701, Tamil Nadu, India.

... Applicant -vsCreamline Dairy Products Ltd Sy.No.9/1, Orakkadu Village, Sholavaram PO Ponneri Tk Chennai Thiruvallur, Tamilnadu 600 067. and another ... Respondents For Applicant : Mr.Ramesh Ganapathy **********

ORDER

In a proposed suit seeking relief against alleged infringement of copyright and passing off, the intending plaintiff has sought leave to sue the first defendant before this Court. In the draft plaint, it is asserted that the infringing product is sold in Chennai through the second defendant. An invoice prima facie evidencing commercial sale in Chennai has been placed on record.

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SENTHILKUMAR RAMAMOORTHY,J rna

2. Therefore, it appears that at least a part of the cause of action has arisen within the jurisdiction of this Court. Hence, this application is allowed by granting leave to the applicant to sue the first respondent before this Court. Consequently, the Registry is directed to number the suit, if otherwise in order.

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