Poorliya Mobiles World And Electronics v. Kanni Uvaraj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-12-2024
CORAM:
THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY O.S.A. (CAD) NO.74 OF 2021 and C.M.P. No.14610 of 2021 POORLIYA MOBILES WORLD AND ELECTRONICS NO.58-D, NORTH MAIN ROAD VALLIOOR TIRUNELVELI DISTRICT TAMIL NADU 627 117 REPRESENTED BY ITS PROPRIETOR J.MUTHUKRISHNAN APPELLANT VS.
1.
KANNI UVARAJ 2.
POORVIKA MOBILES PVT. LTD.
NO.30, ARCOT ROAD KODAMBAKKAM CHENNAI 600 024 REPRESENTED BY ITS DIRECTOR UVARAJ RESPONDENTS Original Side Appeal filed under Section 13 of the Commercial Courts Act seeking to set aside the judgment and decree dated 17.08.2021 passed in C.S. No.878 of 2015.
For appellant Ms. A. Priya for Mr. S. Joel For respondents Mr. M.R. Gokul Krishnan
JUDGMENT
(delivered by the Hon'ble The Chief Justice) After the appeal was heard for sometime, on the suggestion made by the Court, counsel for appellant stated that decree passed by the Trial Court was acceptable to them. At the same time, counsel stated that a nominal amount can be directed by the Court to be paid by appellant to respondents as damages.
2.
Counsel for respondents stated that appellant be directed to pay a sum of Rs.1 lakh as damages in full and final settlement together with an undertaking not to use the registered trademark as decreed. 3.
Ms. Priya, counsel for appellant, on instructions, stated that the condition of respondents was acceptable, that is to say, registered trademark of respondents shall not be infringed by appellant and the amount of Rs. 1 lakh in full and final settlement towards damages shall be paid within a period of four weeks, i.e., on or before 31.12.2024.
4.
Statement of counsel for appellant is accepted as undertaking.
5.
Appeal is disposed of. No costs. Consequently, connected interim application stands closed.
(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY, J.) 02-12-2024 cad
THE HON'BLE CHIEF JUSTICE and SENTHILKUMAR RAMAMOORTHY, J.
cad 02.12.2024