Mr.A.D.Padmasingh Isaac And Another v. D.B.Halingali And Co.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.10.2022

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR C.S.(Comm. Div.) No.158 of 2022 and A.No.3442 of 2022 and O.A.Nos.493 & 494 of 2022 in C.S.(Comm. Div.) No.158 of 2022 1.Mr.A.D.Padmasingh Isaac Proprietor, Aachi Spices and Foods Old No.4, New No.181/1 6th Avenue, Thangam Colony Anna Nagar, Chennai - 600 040.

2.M/s.Aachi Masala Foods Private Limited No.1926, 34th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai - 600 040 Represented by its Director Mr.Ashwin Pandian.

.. Plaintiffs Vs.

D.B.Halingali & Co., A.P.M.C. Yard, Jamkhandi - 587 301.

.. Defendant This Civil Suit is preferred, under Order IV Rule 1 of the Original Page Nos.1/16

Side Rules and Order VII Rule 1 of Civil Procedure Code, 1908 read with Sections 27(2), 29, 134 and Section 135 of the Trade Marks Act, 1999 praying for the following reliefs:

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For Plaintiffs :

Ms.T.Hemalatha For Defendant :

Mr.T.Jeyanthi Mani Selvam

J U D G M E N T

This judgment/order will now dispose of the captioned main suit and the captioned three applications.

2.To be noted, the captioned matter is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.

3.Ms.T.Hemalatha, learned counsel for the two plaintiffs and Mr.T.Jeyanthi Mani Selvam, learned Counsel on Record for the sole defendant are before this Commercial Division. Both learned counsel submit that parties to the captioned main suit have since settled the lis Page Nos.4/16

and they have reduced the terms of settlement to writing vide a 'Memorandum of Compromise dated 12.10.2022' [hereinafter 'said MOC' for the sake of convenience and clarity]. A scanned reproduction of said MOC (together with docket) is as follows:

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4.To be noted, in the plaint, the plaintiffs in paragraph 2 have averred that they are not aware of the constitution of the defendant. However, now learned counsel for defendant submits that the defendant is a proprietary concern. Learned counsel submits that Mr.Dharmanna B. Halingali is carrying on business in the name and style of 'D.B.Halingali & Co.,' as proprietor. A scanned reproduction of vakalatnama of the defendant as available in this case file (together with docket) is as follows:

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5.Adverting to the signature in the vakalatnama, both learned counsel submit that the same person i.e., Mr.Dharmanna B. Halingali who has executed the vakalatnama has executed said MOC also. 6.As regards the presence of the parties, learned counsel on both sides submit that there is some difficulty for the respective parties (feeling under the weather as regards plaintiffs and difficulty in traveling as regards defendant). They submit that said MOC was signed in the presence of each other and on this basis, both counsel request for dispensing with presence of parties. Owing to the facts, circumstances of the case on hand, trajectory the matter has taken and considering contents of said MOC, this dispense with prayer is acceded to. 7.Both learned counsel also request for a compromise decree in the main suit in terms of the said MOC. This request is also acceded to. 8.Captioned main suit i.e., C.S.(Comm. Div.)No.158 of 2022 is decreed in terms of said MOC which shall now form part of the judgment Page Nos.14/16

and decree. Consequently, captioned three applications are disposed of as closed. There shall be no order as to costs.

18.10.2022 pgp Page Nos.15/16

M.SUNDAR, J.

pgp C.S.(Comm. Div.) No.158 of 2022 and A.No.3442 of 2022 and O.A.Nos.493 & 494 of 2022 in C.S.(Comm. Div.) No.158 of 2022 Dated : 18.10.2022 Page Nos.16/16