M/S Kaleesuwari Refinery Private Limited v. M/S Ajay Agencies,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.11.2022

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR and O.A.Nos.383 to 385 of 2022, A.No.2659 of 2022 in M/s.Kaleesuwari Refinery Private Limited Represented by its Manager (Legal) Mr.A.Saravanan No.53, Rajasekaran Street, Opp. Kalyani Hospital, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

.. Plaintiff Vs.

M/s.Ajay Agencies 24/28, Ganapathy Nagar, 2nd Street, Ekkatthuthangal Chennai-600 032.

.. Defendant This Civil Suit is preferred, under Order IV Rule 1 of the O.S. Rules read with Order VII Rule 1 of CPC, Rules read with Sections 134 and 135 of the Trademarks Act, 1999, praying (i) For a permanent injunction to restrain the defendant, their men, agents, associates and / or assignees or any person claiming rights from Page Nos.1/13

them from infringing the plaintiff's reputed and well known registered Trade Mark "DHEEPAM" by using the offending Trade Mark "DEEPA OLEE" or any mark or word deceptively similar to the aforesaid Trade Mark of the plaintiff's for any edible oil marketed by the defendant, their men, agents, associates and / or assignees or any person claiming rights from the defendant;

(ii) For a permanent injunction to restrain the defendant its men, agents, associates and / or assignees or any person claiming rights from therein from passing-off their inferior product, as that of the plaintiff's "DHEEPAM" lamp oil by using the offending words "DEEPA OLEE" 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";

(iiii) Permanent injunction restraining the defendant from violating the plaintiff's copyright in the artistic work used in the plaintiff's packing material / pouches used for packing lamp oil and bearing its reputed and well known registered trademark "DHEEPAM" with the offending words "DEEPA OLEE" bearing same trade dress, color scheme and get up deceptively similar to that of the plaintiff's colour scheme and trade dress in the packing material / pouch bearing trade mark "DHEEPAM"; (iv) Direct the defendant their men, agents, assignees, dealers and / or retailers, distributor to surrender to the plaintiff all offending "DEEPA OLEE" bottle / container / packing materials label, advertising materials hoarding, letter heads office stationary and all other goods containing / bearing offending mark / label "DEEPA OLEE" with distinct color Page Nos.2/13

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;

(v) To pay for the costs of the suit and (vi) Pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. For Plaintiff :

Ms.Preetha Natarajan For Defendant :

Mr.Viswesswaar

J U D G M E N T

This judgment / common order which is a product of compromise will now dispose of the captioned main suit and captioned four applications.

2. To be noted, captioned matters are listed under the cause list caption 'FOR REPORTING SETTLEMENT' today.

3. Ms.Preetha Natarajan, learned counsel on record for sole plaintiff company and Mr.Viswesswaar, learned counsel on record for lone defendant are before this Commercial Division. Page Nos.3/13

4. Both learned counsel submit that parties have arrived at a settlement and have reduced the terms of settlement to writing vide a joint memo captioned 'JOINT COMPROMISE MEMO FILED BY THE PARTIES' and dated 25.10.2022 [hereinafter 'said JMOC' denoting 'Joint Memo of Compromise' for the sake of convenience, clarity and brevity]. Said JMOC which contains two annexures (Annexure-A and AnnexureB) has been placed before this Commercial Division and a scanned reproduction of the same together with docket is as follows: Page Nos.4/13

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5. Adverting to the concluding paragraph in said JMOC, both learned counsel make a common / joint request that the captioned main suit may please be disposed of by way of a compromise decree in terms of said JMOC.

6. As regards the presence of parties, both learned counsel request for dispensing with their presence and in support of their request make the following submissions :

(a) There is difficulty for authorized signatory of the plaintiff company and Mr.N.Raj, carrying on business in the name of style of 'Ajay Agencies' as its sole proprietor; (b) Aforementioned two parties to the lis have signed said JMOC in the presence of each other;

(c) The plaint has been verified and signed by one Mr.A.Saravanan, Manager (Legal) of the plaintiff company and the same natural person has signed said JMOC on behalf of plaintiff company. Likewise, vakalatnama of defendant has been signed by Mr.N.Raj (Proprietor, carrying Page Nos.11/13

on business in the name and style 'Ajay Agencies' as sole Proprietor) and this Commercial Division is informed that the same person has signed said JMOC;

(d) Learned counsel on record for plaintiff and learned counsel on record for defendant have also signed said JMOC;

7. Considering the facts and circumstances of the case, the nature of lis and trajectory the matter has taken, request for dispensing with the presence of parties is acceded to.

8. In the light of the narrative thus far, captioned main suit is disposed of in terms of said JMOC together with two annexures which shall form part of judgment / decree. Consequently, captioned four applications are disposed of as closed. There shall be no order as to costs.

23.11.2022 Index : Yes/No Speaking/Non-speaking order mk Page Nos.12/13

M.SUNDAR, J.

mk and O.A.Nos.383 to 385 of 2022, A.No.2659 of 2022 in 23.11.2022 Page Nos.13/13