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Madras High CourtOA/402/2022allowed

Hatsun Agro Product Ltd., v. Mr.K.Sarinivas Reddy,

2022-08-10Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

O.A.Nos.402, 403 of 2022 O.A.Nos.402, 403 of 2022 and A.Nos.2809, 2810 of 2022 in C.S.(Comm.Div.) No.136 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

The applicant has filed an affidavit of service dated 10.08.2022 enclosing the returned postal cover bearing the endorsement "refused". On 19.07.2022 orders of interim injunction were granted after noticing the impugned label SRI AROKYA, which is being used by the defendant in relation to an identical product. The impugned mark is visually and phonetically, prima facie, deceptively similar to the registered mark "AROGYA" of the plaintiff. In view of the above reasons and the non-appearance of the respondent by refusing to receive notice, the interim order granted on 19.07.2022 is made absolute and O.A.Nos.402, 403 of 2022 are allowed.

2. List the matter on 17.08.2022.

10.08.2022 rna https://www.mhc.tn.gov.in/judis 1/2

O.A.Nos.402, 403 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

rna O.A.Nos.402, 403 of 2022 and A.Nos.2809, 2810 of 2022 in C.S.(Comm.Div.) No.136 of 2022 10.08.2022 https://www.mhc.tn.gov.in/judis 2/2