Aquapump Industries And Another v. Kirloskar Oil Engines Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and O.A.Nos.548 & 549 of 2025 and A.No.2479 of 2025 1.Aquapump Industries Tudiyalur Post, Coimbatore 641 034 and also at No.184, Old No.24, Linghi Chetty Street, George Town, Chennai 600 001 Represented by its Managing Partner Mr.Ramaswamy Kumaravelu 2.Aquasub Engineering Tudiyalur Post, Coimbatore 641 034 and also at No.184, Old No.24, Linghi Chetty Street, George Town, Chennai 600 001 Represented by its Managing Partner Mr.Ramaswamy Kumaravelu ... Plaintiffs -vsKirloskar Oil Engines Limited 1/7
13, Laxmanrao Kirloskar Road Khadki, Pune 411 003 Maharashtra.
... Defendant PRAYER: Civil Suit (Commercial Division) filed under Order VII Rule 1 Civil Procedure Code, 1908 And Order IV Rule 1 of O.S.Rules, 1956 Read With Sections 27, 134 and 134 of the Trade Marks Act, 1999, praying to grant a judgment and decree on the following terms:- (a) Granting a permanent injunction, restraining the Defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark "TECNO" as such or prefix or suffix in any Electric Pumps in Class 7 or in any other goods manufactured and sold by the Defendant or its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically identical or deceptively similar to the Plaintiffs registered Trade Mark TEXMO or in any manner infringing the Plaintiffs Registered Trade Mark Nos. 315049 (SP-I), (SP-II) & 315050 (SP-I), (SP-II) 2/7
renumbered as 2702778, 2702779, 2702780, 2702781, 1961986 1961987 respectively.
(b) Granting a permanent injunction, restraining the Defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark "TECNO" as such or with prefix or suffix in any Electric Pumps in Class 7or in any other goods manufactured and sold by the Defendant and its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically identical or deceptively similar to the Plaintiffs Trade Mark TEXMO or in any manner pass off the Plaintiffs goods.
(c) Directing the Defendant to surrender to the Plaintiffs all the goods, packing materials, cartons, advertisement materials and hoardings, letter heads, visiting cards, office stationery and all other materials containing/bearing the Trade Mark "TECNO" or other deceptively similar mark to the Plaintiffs Trademark TEXMO.
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(d) Directing the Defendant to render an account of profits made by them by the use of the impugned trademark "TECNO" on the goods Electric Pumps in Class 7 and decree the suit for the profits found to have been made by the Defendant, after the Defendant has rendered account. (e) Directing the Defendant to pay to the Plaintiffs the costs of the suit.
For Plaintiffs : Ms.Gladys Daniel for Mr.C.Daniel For Defendant : Summon served on 14.06.2025 **********
JUDGMENT
The suit was filed seeking remedies in respect of alleged trade mark infringement and passing off. Upon receipt of notice in the interim application, the defendant reached out to the plaintiffs for a settlement. Pursuant thereto, parties have executed memorandum of compromise dated 09.07.2025. Such memorandum of compromise has been signed by the 4/7
Managing Partner of each plaintiff and by the defendant through its authorized signatory, Mr.Hitesh Ambekar, who was authorized through letter of authority dated 01.07.2025, which, in turn, was issued pursuant to the resolution of the Board of Directors on 14.05.2025.
2. In the memorandum of compromise, the defendant has agreed to withdraw the application filed by it for registration of the trade mark TECNO and Application No.5505830. The defendant has also agreed for a decree in terms of paragraphs 24(a) and 24(b) of the plaint. The plaintiffs have agreed to relinquish the claims made in paragraphs 24(c) to 24(f) of the plaint. I see no legal impediment to the issuance of a decree in terms of the memorandum of compromise.
3. Therefore, C.S.(Comm.Div.) No.136 of 2025 is decreed in terms of the reliefs claimed in paragraphs 24(a) and 24(b) of the plaint. The memorandum of compromise shall form an integral part of the decree. In view of the compromise, the parties shall bear their respective costs. Consequently, the connected applications are closed. 5/7
30.07.2025 rna Index : Yes / No Internet : Yes / No SENTHILKUMAR RAMAMOORTHY,J 6/7
rna and O.A.Nos.548 & 549 of 2025 and A.No.2479 of 2025 30.07.2025 7/7