M/S Kaleesuwari Refinery Private Limited, v. Gramiyum Nature Fresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.09.2022 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR & O.A.Nos.371 and 372 of 2022 & A.No.2592 and 3354 of 2022 M/s.Kaleesuwari Refinery Private Limited Represented by its Manager (Legal) Mr.A.Saravanan (M-45 years) No.53, Rajasekaran Street Opp.Kalyani Hospital Dr.Radhakrishnan Salai Mylapore, Chennai - 600 004 ... Plaintiff vs.

Gramiyum Nature Fresh No.1/66E Thiruvalluvar Nagar 6th Street, Alandur Chennai - 600 016 ... Defendant Civil Suit filed under Order IV Rule 1 of O.S.Rules read with Order VII Rule 1 CPC read with Sections 134 and 135 of Trade Marks Act, 1999 for a permanent injunction restraining 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 "DEEPAM OIL" or any mark or word deceptively similar to the aforesaid Trade Mark of the Page No.1/12

Plaintiff's for any edible oil marketed by the Defendant, their men, agents, associate and/or assignees or any person claiming rights from the Defendant; For a permanent injunction to restrain the Defendant, its men, agents, associates and /or assignees or any person claiming rights from them from passing off their inferior product as that of the plaintiff's "DHEEPAM" lamp oil by using the offending Trade Mark "DEEPAM 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"; to direct the defendants, their men, agents, assignees, dealers and/or retailers, distributor to surrender to the plaintiff all offending "DHEEPAM OIL" bottle/container/packing materials label advertising materials hoarding, letter heads office stationary and all other goods containing /bearing offending mark/label "DEEPAM 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 and direct the defendants to pay costs.

For Plaintiff : Mr.Vijayan Subramanian For Defendant : Ms.R.Anila for Mr.K.Moorthy Page No.2/12

O R D E R

Captioned matters are listed under the cause list caption 'FOR REPORTING SETTLEMENT'.

2. Mr.Vijayan Subramanian, learned counsel of plaintiff-company and Ms.R.Anila, learned counsel for sole defendant are before this Court.

3. Both the aforementioned learned counsel submit that captioned main suit has been settled out of Court. Plaintiff and defendant have reduced the terms of settlement to a 'Joint Memo of Compromise dated 15.09.2022' [hereinafter 'said MOC' for the sake of convenience and clarity].

4. Both learned counsel have placed before this Court said MOC together with three annexures thereat and a scanned reproduction of the same is as follows:

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5. Both learned counsel submit that said MOC has been signed by Mr.A.Saravanan, son of Mr.K.M.Arumugam, Manager (Legal) on behalf of the plaintiff-company and the defendant is represented by Mr.C.Prakash, son of M.Chandran. To be noted, these are the individuals (natural persons) who have represented /signed for the plaintiff and defendant qua pleadings in the main suit. Both learned counsel submit that both parties have signed said MOC in the presence of each other and seek to dispense with the presence of the parties for recording the said MOC.

6. Be that as it may, both learned counsel request for a compromise decree in terms of said MOC.

7. In the light of nature of the matter and the submissions made, considering the terms of said MOC, request for dispensing with the presence of the parties is acceded to.

Captioned suit decreed in terms of said MOC, which shall form part of the judgment and decree. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 22.09.2022 gpa Page No.11/12

M.SUNDAR.J., gpa & O.A.Nos.371 and 372 of 2022 & A.No.2592 and 3354 of 2022 22.09.2022 Page No.12/12