M/S.Micro-Pak Ltd And Another v. Abdul Malick Traders

A.No.7788/2019 in C.S.No.608 of 2019 A.No.7788 of 2019 in C.S.No.608 of 2019 N.SATHISH KUMAR, J.

This petition has been filed to visit and inspect the premises of the respondent as is Abdul Malick Traders, No.126/45D, Jalal Road, Ambur-635 802, Vellore District, Tamil Nadu, its godowns, warehouse, stock points, billing centres and such other premises in the direct and indirect control of the respondent and seize and take into custody, along with protection of police of the concerned jurisdiction to break open if necessary and seize and take into custody any goods, all spurious infringing goods and or articles bearing the trademark " Micro Pak" or any other trademark which is identical with or deceptively similar to he applicants/plaintiffs trademark "Micro-Pak" and to take into custody any labels, dyes, blocks,pouches, boxes, books of accounts, invoices or other document containing information/entry regarding the respondent's use of the infringing mark.

2.Since the entire issue involves around the alleged counterfeit products sold by the defendant under the Trademark of the plaintiffs, it is imperative to this court to appoint an Advocate Commissioner to inspect the premises of the defendant and take into custody all the spurious infringing goods or articles bearing the trademark " Micro-Pak" and also take into custody any labels, dyes, boxes, books of accounts, invoices or other document containing information/ entry regarding the respondent's use of the infringing mark. http://www.judis.nic.in

A.No.7788/2019 in C.S.No.608 of 2019 N.SATHISH KUMAR, J., mst

3. Accordingly, Mr.N.C.Vishal, Advocate, (Mobile:9884165413), flat No.GA & GB AR Villa, New No.31, 3rd Main Road, Gandhi Nagar, Adayar, Chennai 600 020 is appointed for the above said purpose.

4. Remuneration of the Advocate Commissioner is fixed at Rs.50,000/- (fifty thousand only), which shall be paid by the petitioners/plaintiffs directly to the Advocate Commissioner.

5. If the Advocate Commissioner is required any police Protection to execute the warrant, he is at liberty to seek Police Protection. On such request being made by the Advocate Commissioner, the Superintendent of Police, Vellore is directed to give necessary police Protection to the Advocate Commissioner to execute the warrant.

6. Post on 11.11.2019 for filing report of the Advocate Commissioner.

18.10.2019 (2/3) mst A.No.7788 of 2019 in C.S.No.608 of 2019 http://www.judis.nic.in