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Madras High CourtOA/589/2019injunction made absolute

M/S.Aqua Pump Industries And Another v. Gajendra Samota

2020-07-29Honourable Mr Justice C.V. Karthikeyan2 pages

O.A.Nos.589 and 590 of 2019 and A.No.4007 of 2019 in C.S.No.363 of 2019 O.A.Nos.589 and 590 of 2019 and A.No.4007 of 2019 in C.S.No.363 of 2019 C.V.KARTHIKEYAN,J., The Registry to put up the Affidavit of Service in D.No.1730 of 2020 and it shows that the cover had been served and delivered on the defendant. The name of the defendant is printed in the cause list along with the address. There is no response. The service suit summons is sufficient on the defendant is set-exparte.

2. There is noting on 06.12.2019, by My learned Predecessor which are infact not signed but because it was a noting by order and in which typed, stay had been granted in A.No.8547/2019. Since rectification application pending on the file of Intellectual Property Appellate Board.

3. The learned counsel for the plaintiff expressed his wonder at this aspect stating that the plaintiff not filed in A.No.8547 of 2019 in the present suit in C.S.No.363 of 2019. Therefore, the stay noting 1/2 http://www.judis.nic.in

O.A.Nos.589 and 590 of 2019 and A.No.4007 of 2019 in C.S.No.363 of 2019 C.V.KARTHIKEYAN,J., nvi dated 06.12.2019 is clarified that the stay A.No.8547 of 2019 does not relate to the present suit and there is no stay and there are no proceedings pending before the I.P.A.D insisting stay of further proceedings under Section 124 of the Trademarks Act. Since the defendant had taken decision not to participate in the judicial proceedings. 4.Interim order already granted in O.A.Nos.589 and 590 of 2019 is made absolute.

5. List the matter on 14.08.2020.

29.07.2020 nvi O.A.Nos.589 and 590 of 2019 and A.No.4007 of 2019 in C.S.No.363 of 2019 2/2 http://www.judis.nic.in