Madras High CourtC.S(COMM DIV)/324/2023dismissed for default

Ahmed Hussain B v. Nikita Dubey Rai

2024-04-29Honourable Mr Justice P. Velmurugan2 pages

C.S(COMM DIV) NO. 324 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE C.S(COMM DIV) NO. 324 of 2023 and Cont.P.No.1527 of 2024 Ahmed Hussain B No.6/10, Aziz Mulk 6th Street, Thousand Lights, Greams Road, Chennai.No.6/10, Aziz Mulk 6th Street, Thousand Lights, Greams Road, Chennai. Tamil Nadu 600 006, India. and another Appellant(s) Vs Nikita Dubey Rai No.6/10, Aziz Mulk 6th Street, Thousand Lights, Greams Road, Chennai.97/2, Ranital Chowk, Jabalpur, Madhya Pradesh 482 002. and another Respondent(s) For Appellant(s): Mr.M.Ramesh Ganapathy For Respondent(s): Mr. P.R.Balasubramanian

ORDER

Both the counsels have made a joint endorsement in the Court bundle, on instructions, as follows:

(a) The respondents in the Contempt Petition, who are the defendants in the suit have agreed to pay a total sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to the petitioners in the Contempt Petition, who are the plaintiffs in the Suit towards full and final settlement of the suit claim.

(b) The respondents have also agreed that they will stop https://www.mhc.tn.gov.in/judis

-2- ABDUL QUDDHOSE,J.

vsi using the deceptively similar mark 'Learning Einsteins' from 01.04.2025 onwards.

(c) The respondents have agreed to pay a sum of Rs.7,00,000/- in two installments. The respondents have today issued a cheque for a sum of Rs.1,50,000/- favouring the petitioners towards part payment and undertakes to pay the balance amount of Rs.5,50,000/- to the petitioners on or before 15.03.2025.

(d) The respondents have also stated no objection, in case, they fail to pay the balance amount before the stipulated time, for the petitioners to revive this Contempt Petition.

2. Both the counsels seek further time to file a Memorandum of Compromise in terms of the above endorsement.

3. Post the matter for filing Memorandum of Compromise on 06.02.2025. The appearance of the contemnor is dispensed with for the present. 05-02-2025 To 1.Nikita Dubey Rai,No.6/10, Aziz Mulk 6th Street, Thousand Lights, Greams Road, Chennai.97/2, Ranital Chowk, Jabalpur, Madhya Pradesh 482 002.

2.Deepanshu DubeyPatrakar Colony, Ranital, Jabalpur, Madhya Pradesh 482 002. C.S(COMM DIV) NO. 324 of 2023 and Cont.P.No.1527 of 2024 https://www.mhc.tn.gov.in/judis