Disposed

E.K.Kurian v. State of Kerala

Kerala HC2 Apr 2008WP(C)/11157/2008

Case brief

AI extract

What is this about?

The High Court addressed a writ petition challenging a stay order restraining the petitioners from using a trademarked logo in advertisements. The court directed the lower court to expedite the pending application to modify said order.

What did the court decide?

Directed the lower court to advance and expedite the hearing of the pending application to vary the stay order, with disposal on or before 5.4.2008.

E.K.Kurian Vs State of Kerala — Writ and Judicial Review | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930

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WP(C).No. 11157 of 2008(C)

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PETITIONERS:

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1. E.K.KURIAN, MANAGING DIRECTOR M/S. LEADS BUSINESS SCHOOL II FLOOR, JUBILEE MEMORIAL BUILDING, N.H.BYEPASS, VYTILLA, KOCHI-19

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2. DR. JOY MARKOSE CHAIRMAN AND CHIEF EXECUTIVE OFFICER DO..DO..

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BY ADV. DR.K.P.SATHEESAN

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RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

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2. I.S.E. EVENT MANAGEMENT PVT. LTD 138, THIRD FLOOR,KOCHI-20 REPRESENTED BY ITS MANAGING DIRECTOR, R. MANU.

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BY GOVERNMENT PLEADER SMT.R.BINDU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.N.KRISHNAN, J

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=====================

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W.P.(C) No.11157 OF 2008

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=====================

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Dated this the 2nd day of April 2008

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JUDGMENT

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This writ petition is preferred with a prayer to declare that petitioners are free to publish their advertisement in all dailies without using the logo of the 2^nd respondent and to issue a writ of mandamus to the first respondent to take appropriate action to see that the advertisement given by the petitioners are published in the media of Kerala regarding the career fest 2008. Other interim prayers are also sought for. Though I am not having the original order of the court bellow it is extracted in page 3 of the writ petition whereby the court below has passed an order restraining the using of the logo of the petitioner in the suit in the advertisement till 11.4.2008. It must have been an order passed under Order 39 of the C.P.C. Order 39 Rule 4 empowers the court which passed the order to vary, modify or set aside the order and the appropriate remedy for the party is the same and I am informed that such an application is already moved and it is

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pending. It is submitted that if orders are not passed, virtually it will become ineffective and therefore I direct the court where the matter is

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WP(C) 11157/2008

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-:2:-

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pending, i.e. VIth Addl.District Court, Ernakulam to pass appropriate orders in the application pending before the said court after hearing all concerned as expeditiously as possible. For the said purpose, it may advance the hearing of the matter and try to dispose it of on or before 5.4.2008.

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Writ petition is disposed of as above.

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M.N.KRISHNAN, JUDGE

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Cdp/-

E.K.Kurian v. State of Kerala

Case brief

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E.K.Kurian v. State of Kerala

Case brief

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