Aquapump Industries v. Shree Balaji Industries

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.11.2016

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.416 of 2004

1. Aqua Pump Industries, rep. by its Managing Partner Mr.Ramaswamy Kumaravelu, Thudiyalur Post, Coimbatore - 641 034.

Having their branch office at No.156, Poonamallee High Road, Vanagaram, Chennai - 600 095.

2. Aquasub Engineering, rep. by its Managing Partner Mr.Ramaswamy Kumaravelu, Thudiyalur Post, Coimbatore - 641 034.

Having their branch office at No.156, Poonamallee High Road, Vanagaram, Chennai - 600 095.

.... Plaintiffs

Versus

1. Shree Balaji Industries carrying on business at P.B. No.35, Bahadarpur Road, Burhanpur 450 331.

M.P.

C.V.KARTHIKEYAN,J.

vsi2 2.Sanjay Agarwal

3. Narendra Kumar Agarwal

4. Doulat Singh Lodha

5. Jagdish Prasad Maru all trading as Shree Balaji Industries at P.B. No.35, Bahadarpur Road, Burhanpur Road, Burhanpur 450 331 (M.P.) ... Defendants Prayer : Plaint filed under Order IV Rule 1 O.S. Rules and Order VII Rule 1 of the Civil Procedure Code Read with Sec.27, 134 & 135 of the Trade Marks Act 1999. For Plaintiffs :

M/s.C.Daniel and Gladys Daniel For Defendants 1 and 2 :

Ms.Brindha Mohan *****

J U D G M E N T

In view of allowing of the Application No.6207 of 2016 the C.S.No.416 of 2004 dated 28.11.2016, is dismissed with liberty to file fresh suit on the same cause of action in the Court of competent jurisdiction and also on the same subject matter. 28.11.2016 vsi2 To

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

C.S.No.416 of 2004