Sadhana Fashion Represented By Its Partner Mr Sumith Bhansali v. Savitha K And 1 Other
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and O.A.Nos.4 & 5 of 2025 and A.No.15 of 2025 M/s.Sadhana Fashion Represented by its Partner Mr.Sumith Bhansali New No.136, Old No.32, 1st Floor, Audiappa Naicken Street, Sowcarpet, Chennai, Tamil Nadu, 600 001.
... Plaintiff -vs1.Mrs.Savitha K.
No.4297, 31, 1st Main Road, Subramanyanagar, 2nd Stage, Rajaji Nagar, Bengaluru, Karnataka 560 010.
2.M/s.Kotton Mantra Represented by Mrs.Savitha K.
No.142, 4th Cross, Nagappa Block, Srirampuram, Bengaluru 560 021.
... Defendants PRAYER: Civil Suit (Commercial Division) filed under Order VII Rule 1 of Code of Civil Procedure and Order IV Rule 1 Original Side Rules Read With Sections 28, 29, 134, 135 of the Trade Marks Act, 1999 and Section 7 1/6
of the Commercial Courts Act, 2015, praying to grant a judgment and decree on the following terms:- (a). A permanent injunction restraining the defendants, by itself, its lawful assignees, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the plaintiff's registered trade marks 'COTTON MANTRA' under Nos.
with that of the plaintiff's 'COTTON MANTRA' trade mark or in any other manner similar and identical to the plaintiff's trade mark 'COTTON MANTRA';
(c) The defendants be ordered to pay tot he plaintiff a sum of Rs.2,00,00/- (Rupees Two lakhs only) as damages for committing acts of infringement against plaintiff's registered trade mark and pass off its products as and for the plaintiff's products. (d) The defendants be ordered to surrender to the plaintiff for destruction of all products, labels, cartons, dyes, blocks, visiting cards, leaflets, promotional materials, moulds, screen prints, packing materials and other materials bearing the trade mark 'KOTTON MANTRA' or any mark deceptively similar to plaintiff's trade mark 'COTTON MANTRA'; (e) A preliminary decree be passed in favour of the plaintiff directing the defendants to render account of profits made by use of trade mark 'KOTTON MANTRA' and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts;
(f) For costs of the suit.
3/6
For Plaintiff : Mr.Ashok Kumar J.Daga For Defendants : Mr.S.Dhakshin Kumar for M/s.P.S.Suman **********
JUDGMENT
The suit was filed seeking relief in respect of alleged infringement of the plaintiff's registered trade mark "COTTON MANTRA" by use of the impugned trade mark "KOTTON MANTRA" or any mark deceptively similar thereto.
2. Pursuant to negotiations, the parties have reached a settlement and recorded the same in joint Memorandum of Compromise dated 26.02.2025. The joint Memorandum of Compromise has been signed by Mr.Sumith Bhansali, Partner of the plaintiff firm, and by K.Savitha, both in her individual capacity and as Proprietrix of the second defendant. 4/6
3. Parties have agreed and recorded that the defendant has stopped using the impugned trade mark "KOTTON MANTRA". Parties have further agreed that a decree be drawn up in terms of prayers (a) and (b) of paragraph 37 of the plaint. The plaintiff has given up the reliefs claimed in paragraph 37 (c), (d), (f) and (g). I see no legal impediment for issuing a decree in terms of the joint Memorandum of Compromise.
4. Therefore, C.S.(Comm.Div.) No.4 of 2025 is partly decreed in terms of prayers (a) and (b) of paragraph 37 of the plaint. The joint Memorandum of Compromise shall form an integral part of the decree. In view of the settlement, there shall be no order as to costs. Consequently, the connected applications are closed.
26.02.2025 rna Index : Yes / No Internet : Yes / No 5/6
SENTHILKUMAR RAMAMOORTHY,J rna and O.A.Nos.4 & 5 of 2025 and A.No.15 of 2025 26.02.2025 6/6