Prakash Ferrous Industries Private Limited v. Manasarowar Ispat (India) Pvt Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

1. Prakash Ferrous Industries Private Limited Represented by its Director - Mr. Pulkit Garg, No. 36, First Floor, New Avadi Road, Kilpauk Garden Colony, Kilpauk, Chennai - 600 010.

Plaintiff(s) Vs

1. Manasarowar Ispat (India) Pvt Limited 157E, 157U, 158A, 157UU, IDA, Kothur Mandal, Mahaboobnagar district, Telengana 509228.

Respondent(s) PRAYER Civil Suit is filed under Order IV Rule 1 of The Madras High Court Original Side Rules and Order VII Rule 1 of the Code of Civil Procedure 1908 r/w Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 r/w Section 2(1) (c) (xvii) and Section 7 of The Commercial Courts Act, 2015, praying to grant a judgment and decree against the Defendant on the following terms:- a. A permanent Injunction restraining the defendants their Proprietors, Partners,

directors, subsidiaries, affiliates, franchisees, officers, employees, personnel, servants agents, representatives including wholesalers, distributors, stockiest, retailers and anyone acting for or on their behalf from in any manner directly or indirectly using the trade mark TIRUMALA and /or TIRUMALA GOLD and/ or any other mark identical or similar to the Plaintiffs registered trade mark TIRUMALA under No.2080185 in Class 35 and TIRUMALA device mark under Nos.4439606 and 4439607 in Classes 6 and 40 respectively amounting to infringement of Plaintiffs registered trade marks. b.

A permanent injunction restraining the Defendant, their proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers, employees, personnel, servants agents, representatives including wholesalers, distributors, stockists, retailers and anyone acting for or on their behalf from in any manner directly or indirectly using trade mark TIRUMALA and/or TIRUMALA GOLD and/or any other mark identical or similar to the Plaintiff's mark TIRUMALA thereby passing off their products as that of the Plaintiff c.

An order directing the Defendant to furnish all the data and accounts of any and all transactions undertaken, goods sold, services rendered and the profits obtained during the course of their business relating to the sale of goods under the impugned trade marks TIRUMALA and/or TIRUMALA GOLD and/or any other mark identical or similar to the Plaintiff's mark TIRUMALA d. An order for delivery up of any and all the Defendant's finished and/or unfinished products, materials including packaging materials, signage, cards, labels, brochures, printed materials and any other material bearing the impugned trade marks and/or any mark which is identical to and/or deceptively similar to that of the Plaintiff's trade mark TIRUMALA to the Plaintiff for the purpose of destruction e. Costs and such other relief.

For Appellant(s):

Ms.Scarlet Danielle Grey for M/s. K. Premchandar For Respondent(s):

M/s. Ramesh Ganapathy

J U D G M E N T

The Joint Memorandum of Compromise dated 31.10.2025 has been duly signed by the parties and their respective counsel and the same has been produced before this Court. A scanned reproduction of the said Joint Memorandum of Compromise is as under:-

2. Recording the said Joint Memorandum of compromise, this Civil Suit is disposed of in terms of settlement. The said Joint Memorandum of Compromise shall form part of this judgment. No costs. 05-11-2025 kmi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Sub Assistant Registrar, Original Side, Madras High Court.

N.SENTHILKUMAR J.

kmi C.S(COMM DIV) No. 1 of 2024 05-11-2025