Madras High CourtOSA(CAD)/157/2021withdrawn dismissed

Interactive Television Private Limited v. Kaleesuwari Refinery Private Limited

2022-01-03Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU OSA (CAD) NO.157 OF 2021

1. Interactive Television Private Limited No.2/2, Ground Floor, Poes Road Teynampet Chennai 600 018.

2. Group M Media India Private Limited Rep. by Kavitha Srinivasan 13/7, 5th Main Road Nandanam Extension Chennai 600 045.

Appellants Vs.

1. Kaleesuwari Refinery Private Ltd.

rep. by its Director M.Arun No.53, Rajasekaran Street [Opp. Kalyani Hospital, Radhakrishnan Salai] Mylapore, Chennai 600 004.

2. Ruchi Soya Industries Ltd.

Rep. by its Director Dinesh Sahara Having local office at No.40/41, Church Street, Royapuram Chennai 600 013.

Respondents Prayer:

Appeal filed under Section 13(1) of the Commercial Courts Act, 2015 read with Order XXXVI, Rule 11 of O.S. Rules read with Clause 15 of the amended Letters Patent Act, 1865, against the order dated 30.11.2021 in A.No.4348 of 2021 in C.S. (Comm. Div.) No.381 of 2014.

Prayer in A 4348 of 2021 in CS(Commercial Division) No.381 of 2014:

To allow the Application of Plaintiff to receive the following additional documents.

Application praying that this Hon'ble Court be pleased to receive the following additional documents.

No Description of Document Remarks Trade Mark Certificate No.605323 Photostat Trade Mark Certificate No.1147963 Photostat Trade Mark Certificate No.1399086 Photostat Copyright Registration Certificate No.A68242/2005 Photostat Plaintiff's Gold Winner Sunflower oil Pouch Photostat Sunpure Sunflower oil Pouch Photostat Auditor's report for marketing expense of Plaintiff Photostat For the Appellants :

Mr.K.F.Manavalan

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Acting Chief Justice) Learned counsel for the appellants prays for withdrawal of the appeal to take other remedy as is available under law.

2. In view of the above, the appeal is dismissed as withdrawn with liberty as prayed for. Consequently, CMP No.21269 of 2021 is also dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kpl/drm

To:

The Sub Assistant Registrar Original Side High Court, Madras OSA (CAD) No.157 of 2021 KSM(CO) PM/07/01/2022