M/S. Kaleesuwari Refinery Pvt. Ltd. v. M/S.Hema Foods
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-06-2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s. Kaleesuwari Refinery Private Limited, Rep. by its Manager (Legal) Mr.A.Saravanan, No.53, Rajasekaran Street, Opp. Kalyani Hospital, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
..Plaintiff Vs M/s.Hema Foods No.6, V-Block, Bharathidasan Street, Chennai - 600 015.
..Defendant Prayer: Civil Suit filed under Order IV Rule 1 of the O.S.Rules read with Order VII Rule 1 of C.P.C Rules read with Sections 134 & 135 of Trade Marks Act, 1999, prays that the Hon'ble Court may be pleased to pass Judgment and Decree;
(i) For a permanent injunction to restrain the Defendant, their men, agents, associates and / or assignees or any person claiming rights from them from infringing the Plaintiff's reputed and well known registered Trade Mark "DHEEPAM" by using the offending Trade Mark "NANDHI DHEEPAM OIL" or any mark or word deceptively similar to the aforesaid Trade Mark of the Plaintiff's for any edible oil marketed by the Defendant, their men, agents, associates and / or assignees or any person claiming rights from the Defendant. (ii) For a permanent injunction to restrain the Defendant, its men, agents, associates and / or assignees or any person claiming rights from therein from
passing-off their inferior product, as that of the Plaintiff's "DHEEPAM" lamp oil by using the offending words "NANDHI DHEEPAM OIL" or any other words or mark and offending packing Material /pouch / Bottles deceptively similar to the Plaintiff's trade mark "DHEEPAM" and Trade dress for "DHEEPAM".
(iii) Direct the Defendant their men, agents, assignees, dealers and / or retailers, distributor to surrender to the plaintiff all offending "NANDHI DHEEPAM OIL" bottle/container/packing materials label, advertising materials hoarding, letter heads office stationary and all other goods containing/bearing offending mark/label "NANDHI DHEEPAM OIL" with distinct color scheme, get up or any other mark visually or phonetically similar to the plaintiff's well known trademark "DHEEPAM" label and bottle/container for destruction by an order of this Court;
(iv) To pay for the costs of the suit; and (v) Pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice. For Plaintiff(s):
Mr.Vijayan Subramanian For Defendant(s):
Mr.R.Sathish Kumar
JUDGMENT
When the matter was taken up for hearing, the learned counsel appearing on either side would submit in unison that the parties to the suit have settled the dispute among themselves and to that effect, have also filed a Joint Compromise Memo signed by both the plaintiff and the defendant. The same has also been acknowledged by the respective learned counsel appearing for the parties.
2. Recording the said Joint Compromise Memo, the suit stands disposed of on the terms of the Joint Compromise Memo filed on 01.11.2023. The said Joint Compromise Memo shall form part and parcel of the decree. However, there shall be no order as to costs.
3. Registry, High Court of Madras, is directed to grant necessary refund of Court fee as applicable in the name of the plaintiff. 01-06-2026 Index: Yes/No Speaking/Non-speaking order kak
K.KUMARESH BABU, J.
kak 01-06-2026