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Madras High CourtA/2363/2020allowed

Mr.A.D.Padmasingh Isaac And Another v. Jeyasathya Agro Food Products Pvt Ltd And Another

2021-02-22Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 16TH DAY OF NOVEMBER 2021 THE HON'BLE MR. JUSTICE N.ANAND VENKATESH A. Nos.2363 to 2365 of 2020 in C.S. No.141 of 2020 (Commercial Division)

1. Mr.A.D.Padmasingh Isaac, Proprietor, Aachi Spices and Foods, Old No.4, New No.181/1, 6th Avenue, Thangam Colony, Anna Nagar, Chennai-600 040.

2. M/s.Aachi Masala Foods (P) Ltd., Old No.4, New No.181/1, 6th Avenue, Thangam Colony, Anna Nagar, Chennai-600 040.

rep. by its Director, Mr.Ashwin Pandian ... Applicants/Plaintiffs (in all the applications) -Versus1. Jeyasathya Agro Food Products Pvt. Ltd., having its Registered office at 151, VOC Road, Karaikudi-630 001 Sivagangai District, Tamil Nadu.

2. Selvee Indigenous Food Factory India Pvt. Ltd., having its Registered office at 151, VOC Road, Karaikudi-630 001 Sivagangai District, Tamil Nadu.

and also 105/2, Karaikudi Main Road, Kallur-622 209, Pudukottai District, Tamil Nadu.

... Respondents/Defendants (in all the applications)

A. No.2363 of 2020:- Application praying that this Hon'ble Court be pleased to grant leave to the applicants to institute Rectification proceedings on the file of the Intellectual Property Appellate Board against the registration No.4048344 for the mark in the name of the respondents.

A. No.2364 of 2020:- Application praying that this Hon'ble Court be pleased to frame a preliminary issue regarding invalidity of the respondents registration under No.4048344.

A. No.2365 of 2020:- Application praying that this Hon'ble Court be pleased to stay the suit and all proceedings before this Hon'ble Court till pending disposal of the rectification proceedings on the file of the Intellectual Property Appellate Board against the registration No.4048344 for the mark in the name of the respondents.

These Applications coming on this day before this court for hearing, the court made the following order:- By virtue of the orders passed by this Court on 22.02.2021, these applications are closed.

Sd./-N.A.V.J 16.11.2021 //Certified to be true copy// Dated at Madras this the day of 2021.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

jj 23/11.2021