M V S Gramany And Sons v. Gautham Nithyanandham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.2125 of 2025 in C.S.(Comm.Div.) No.SR.67213 of 2025 M V S Gramany and Sons No. 70, Chinnambedu Sakkarachetty Kulam, GNT Road Puduvayal P.O 601206, Thiruvallur District Tamil Nadu Rep by its Partners, Mr. J Nandakumar and Mr. J. Vimalanathan ... Applicant -vsGautham Nithyanandham Proprietor of M/s.TVS Snuff Company, 171/170, Kodambakkam High Road, T.nagar, Chennai 600 017.

... Respondent For Applicant : Mr.S.Sivathanu Mohan for Mr.Ramesh Umapathy **********

ORDER

In a proposed suit seeking relief in respect of alleged infringement of trade mark and passing off, the intending plaintiff has sought leave to sue the first respondent before this Court. In the draft plaint, it is stated that both the defendants carry on business within the jurisdiction of this Court. 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna Since the first defendant also operates from outside the jurisdiction, it is stated that the present application was filed. The plaintiff has also stated that goods bearing the infringing marks are sold inter alia at Chennai.

2. Upon examining the draft plaint and the affidavit in support of this application, it appears that at least a part of the cause of action has arisen within the jurisdiction and, in any event, both the defendants have a place of business within the jurisdiction of this Court. Therefore, this application is allowed by granting leave to the applicant to sue the first respondent before this Court. As a corollary, the Registry is directed to number the suit, if otherwise in order.

28.04.2025 rna A.No.2125 of 2025 in C.S.(Comm.Div.) No.SR.67213 of 2025 2/2 https://www.mhc.tn.gov.in/judis