Ganga Yallappa v. Delight Chemicals Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN O.S.A.Nos.245 and 246 of 2012 Ganga Yallappa trading as Sarpa Paint No.20, 2nd Cross, Indira Nagar Doddibidirkalli Layout Gangondaanahalli Main Road Near Siddhartha School Bangalore - 560 073.

.. Appellant/Defendant in both the OSA's.

Vs.

1. Delight Chemicals Private Limited No.16/2, Narayanan Street Mint, Chennai - 600 001.

rep. by its Managing Director, Mr.K.V.Subba Rao

2. Surya Colours (P) Ltd.

No.16/2, Narayanan Street Mint, Chennai - 600 001.

rep. by its Director, Mr.Boggavarapu Surya .. Respondents/Plaintiffs in both the OSA's PRAYER: Appeals against the order dated 5.6.2012 in Application Nos.541 of 2012 and 5523 of 2011 in C.S.No.691 of 2011. Application praying to return the plaint in C.S.No.691/2011 to be presented before the appropriate court of competent jurisdiction (Application NO.5523 of 2011) Application No.541 of 2012:

Application filed praying to revoke the leave granted to the plaintiff to combine the cause of action for passing of along with the cause of action for infringement of suit and infringement of copy right made in A.No.5042 of 2011 by an order dated 29.10.2011;

in C.S.No.691 of 2011: Plaint presented to grant permission to the applicants to combine the causes of action in respect of infringement of trademark, passing of and infringement of copy right in a single suit.

For Appellant : Mr.Prabhakara Reddy for M/s.A.P.R.Associates For Respondents : Mr.Arun C.Mohan

JUDGMENT

(Delivered by the Hon'ble Chief Justice) On hearing learned counsel for parties, we are of the view that the following directions are required to be passed to meet the ends of justice:

(a) The appellant prays for four weeks time to file the written statement. We may notice that for the last five years no written statement has been filed by the appellant.

(b) The documents be filed by the parties within the same period of time.

(c)List the suit before the learned Single Judge for framing of issues on 7.11.2016. The issue of jurisdiction will also be framed and the learned Single Judge will consider whether to try the issue as a preliminary issue.

(d)Since the impugned order is at the stage of refusal to revoke the leave, that would not influence the learned Single Judge.

The appeals are dismissed in the aforesaid terms leaving the parties to bear their own costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sasi

To The Sub Assistant Registrar, Original Side, High Court, Madras.

1 cc to M/s. Arun C. Mohan, Advocate Sr.56251 1 cc to M/s. APR. Associates, Advocate SR.56510 UG(CO) EU(18/10/2016) O.S.A.Nos.245 and 246 of 2012