Sri Narasu'S Coffee Company Pvt Ltd v. R.P. Sarathy And S. Saradha,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR IN (T)OP(TM) NO. 214 OF 2023 Sri Narasu's Coffee Company Pvt Ltd P.B.No.701, No.16, Court Road, Johnsonpet, Hasthampatty (post), Salem - 636 007.

Appellant(s) Vs R.P. Sarathy and S. Saradha, Trading as Narasu's Saarathi Jewelry, 61A, Bazaar Street, Salem - 636 001. and another Respondent(s) Sri Narasus Coffee Company limited, P.B. No. 701, 16, Court road, Johnsonpet, Hasthampatty Post Salem 636007 (Amended as per order by SKRJ dated 03/08/2023 in TM A No.8/2023 Appellant(s) Vs R.P. Sarathy and S. Saradha trading as Narasus Saarathi Jewellry, 61 A, Bazaar Street, Salem 636 001 and another Respondent(s)

For Appellant(s):

M/S. s. Suba Shiny sahana banu.s For Respondent(s):

For Appellant(s):

M/s. S. SUBA SHINY, H. ASHOK SANKAR , KARTHIKEYAN S.Sahana Banu For Respondent(s):

Aishwarya S. Nathan M.S.Seshadri-ms/3782/2011 HARINI.V, ASHWIN PRASHANTH for r1 Change Of Vakalat Filed For R1 D.No.2311/2025 Dated 21.1.2025 M/s.K.Subbu Ranga Bharathi For R2 Memo Counsel for Respondent R2

ORDER

The present application has been filed for marking of documents listed in Annexure-A and to receive and take on record the said documents as additional documents in the present rectification petition filed by the petitioner herein. The documents are annexed in Annexure-A.

2. A counter has been filed by the first respondent and it has been placed before this Court on the contention that the documents which are now filed are totally not connected to the Trademark case and it relates to plaint, written statement, rental agreement and deposition in OS.Nos.15, 17 and 19 of 2007, 192, 193 and 194 of 2013 and Rental Agreement Document Nos.1885, 1886 and 1887 of 1985. The learned counsel for the first

respondent submits that since the present case is purely on a Trademark issue where the petitioner relying on the documents that are in no way connected to the issue on trademark in dispute.

3. There is a substantial force in the arguments made on the side of the respondent as these documents relate to a suit papers, if the petitioner wants to confront the respondent, it is always open for them to put the same in the cross examination while the witness on the box.

4. At this juncture, the learned counsel for the applicant submits that the deposition in Serial No.7 may be marked as there are certain relevance which cannot be disclosed at this point of time, as it would cause irreparable loss if such necessities are argued before this Court at this stage.

5. The submissions made by the learned counsel for the applicant are in favour of the applicant. Therefore, except marking of document No.7 in Annexure-A, the prayer in respect of marking of other documents in this application is dismissed. This document No.7 shall be marked at the appropriate stage.

6. Accordingly, this application is dismissed in the above term. 09-10-2025 (1/2) kmi

To

1. R.P. Sarathy and S. Saradha, Trading as Narasu's Saarathi Jewelry, 61A, Bazaar Street, Salem - 636 001.

2. The Registrar of Trademarks Office of Trademark Registry, G.S.T. Road, Guindy, Chennai - 600 032.

1. R.P. Sarathy and S. Saradha trading as Narasus Saarathi Jewellry, 61 A, Bazaar Street, Salem 636 001

2. Office of the Trademarks Registry Office of the Trademarks Registry GST Road, Guindy, Chennai - 600032