← Library
Madras High CourtC.S(COMM DIV)/186/2024withdrawn dismissed

Keerthivasan K v. Jsg Innotech Pvt Ltd

2026-03-02Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.03.2026 CORAM :

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and A.No.3348 of 2025 Mr.Keerthivasan K.

No.4/139, G5 & G6, Vijayakumar Thottam, Agarwal School Road, Kalappanaickenpalayam, Coimbatore - 641 046.

.. Plaintiff vs.

M/s. JSG Innotech Pvt. Ltd., Plot No.63, Sector 53, HSIIDC, Phase V, Kundli, Sonipat, Haryana-131028, India.

.. Defendant Prayer : Plaint is filed under Order IV Rule 1 of the Original Side Rules and Order VII Rule 1 of the CPC, 1908 Read With Sections 22 of the Designs Act, 2000 and Sections 2(1)(c)(xvii) and 7 of the Commercial Courts Act, 2015 praying to grant a judgment and decree on the following terms:- (a) for a permanent injunction restraining the defendant, their men, agents, partners, associates, staff, servants, distributors, stockist or any one

claiming through them from in any manner by manufacturing the Mosquito Bat with the specific design which is identical with or deceptively similar to the Plaintiff's Registered Design No.366551-001 dated 22.06.2022 in Class 22-06 for Mosquito Bat, or in any other manner whatsoever; (b) Directing the defendant to surrender to the plaintiff the entire stocks, cartons, packaging material with the infringing design of Mosquito Bat, which is identical and/or similar to the Plaintiff's registered Design No.366551-001, for destruction;

(c) Directing the defendant to render a true and faithful accounts of the profits earned by the defendant through the sale of their products bearing the infringing design, which is identical and/or deceptively similar to the plaintiff's design of Mosquito Bat and directing the payment of such profits to the Plaintiff;

(d) Directing the defendant to pay the plaintiff damages quantified at Rs.4,00,000/- (Four Lakhs Only) for the act of infringement of Registered Design committed by the Defendant by manufacture and sale of Mosquito Bat bearing the shape and configuration and design of the plaintiff; (e) Directing the Defendant to pay the costs of the suit to the plaintiff; For Plaintiff : Mr. Avinesh V.

For Defendant : Mr. Abhishek

JUDGMENT

The sole plaintiff passed away on 02.02.2026. His wife, Mrs.S.Akila, in the capacity of legal representative, has issued instructions to learned counsel for the plaintiff to withdraw the suit. Pursuant thereto, memo dated 02.03.2026 has been filed. Taking note of the above, C.S.(Comm.Div)No.186 of 2024 is dismissed as withdrawn without any order as to costs. Consequently, connected application stands closed.

02.03.2026 Index : Yes / No Internet : Yes / No kj

SENTHILKUMAR RAMAMOORTHY,J.

kj and A.No.3348 of 2025 02.03.2026