Madras High Court(T)OP(TM)/416/2023dismissed as withdrawal

Shri Amrish Aggarwal Trading As M/S. Mahalaxmi Product v. Venus Home Appliances Pvt Ltd

2024-11-26Honourable Mr Justice Abdul Quddhose4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.11.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE (T)OP(TM) No.416 of 2023 Shri Amrish Aggarwal .... Petitioner vs

1. Venus Home Appliances Pvt. Ltd., No.4/993, Kamaraj Street, Rajiv Gandhi Salai (OMR), Kottivakkam, Chennai - 600 096.

2. The Registrar of Trade Marks, Trade Marks Registry, G.S.T. Road, Guindy, Chennai - 600 032. ..... respondents Prayer : This Original Petition was transferred from the erstwhile IPAB, CHENNAI, in ORA No.40 of 2020 / TM/CHN, now numbered as (T) OP (TM) No.416 of 2023 seeking for the following reliefs : i) Remove / cancel / expunge / rectify the entry pertaining to impugned Trade Mark "VENUS" registered under No.200179 in class 11. ii) Stay the effect and operation of the entry pertaining to impugned Trade Mark "VENUS" registered under No.200179 in class 11 during the 1/4

pendency of the present proceedings.

iii) Any other relief(s) which is / are fit and proper in the facts and circumstances including an order for costs of the proceedings to the petitioner.

For Petitioner : Mr.Somnath De for M/s.K.G. Bansal and Co.

For Respondents : Mr.K. Premchander for R1 Mr.R. Subramanian CGSC for R2

ORDER

A Memo has been filed by the 1st respondent enclosing the Settlement Agreement, dated 04.10.2024 entered into between the petitioner and the 1st respondent. As seen from the Settlement Agreement, the parties have arrived at an amicable settlement and one of the conditions disclosed in the Settlement Agreement is that the rectification petition viz., (T) OP(TM) NO.416 of 2023 pending on the file of this Court shall be withdrawn.

2. The learned counsel for the petitioner, who is appearing through video conferencing also does not dispute the fact that the Settlement Agreement, dated 04.10.2024 has been entered into between the 2/4

petitioner and the 1st respondent.

3. In accordance with the Settlement Agreement, dated 04.10.2024, which has been filed along with the Memo filed by the 1st respondent, dated 14.11.2024, this O.P. is dismissed as withdrawn. The Settlement Agreement, dated 04.10.2024 shall form part of this order. 26.11.2024 Index: Yes/ No Speaking order / Non speaking order vsi2 ABDUL QUDDHOSE, J.

vsi2 3/4

(T)OP(TM) No.416 of 2023 26.11.2024 4/4