The High Court disposed of two civil suits regarding trade mark infringement. The parties resolved their disputes through mediation, and the court decreed the suits in terms of a filed Memorandum of Compromise without awarding costs.
Both suits were decreed in terms of the Memorandum of Compromise signed by the parties through mediation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2014
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
and
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN
C.S.Nos.223 of 2010 and 601 of 2010
O.A.Nos.249 & 250 of 2010 and A.Nos.1303 & 1304 of 2010 in C.S.No.223 of 2010
and O.A.Nos.743 & 744 of 2010 and A.Nos.4551 and 4552 of 2010 in C.S.No.601 of 2010
C.S.No.223 of 2010
1.S.Sudhakar
2.Shri Lakshmi Agro Foods Pvt. Ltd.,
No.9, N.N.Garden, 10th Street,
Chennai, Rep. by its Managing Director, Mr.S.Sudhakar. .. Plaintiffs
vs
M/s.GRB Dairy Food Pvt. Ltd., N-10, III Phase, SIDCO Industrial Estate, Hosur, Rep. by its Founder and Chairman, G.R.Balasubramaniam .. Defendant
Plaint filed under Order IV Rule 1 of O.S. Rules
read with Section 27, 29, 134 and 135 of the Trade Marks Act, 1999.
C.S.No.601 of 2010
M/s.GRB Dairy Food Pvt. Ltd., Rep. by its Managing Director, G.R.Balasubramaniam, N-10, III Phase, SIDCO Industrial Estate, Hosur. .. Plaintiff
-vs-
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1.Shri Lakshmi Agro Foods Pvt. Ltd., Rep. by its Director, Mr.S.Sudhakar No.9, N.N.Garden, 10th Street, Chennai.
2.S.Sudhakar 3.Shri Lakshmi Agro Foods A Partnership Firm, Rep. by its Partner, Mr.S.Sudhakar No.9, N.N.Garden, 10th Street, Old Washermanpet, Chennai. .. Defendants Plaint filed under Order IV Rule 1 of O.S. Rules, Order VII Rule 1 C.P.C, read with Section 27, 29, 134 and 135 of the Trade Marks Act, 1999. For Plaintiffs in CS.223/2010 and defendants in CS.601/2010 .. Mr.Madhan Babu for Mr.Sathish Parasaran For Defendant in CS 223/2010 .. Mr.Arun C.Mohan For Defendants in in CS.601/2010 .. Mr.S.Balachandran * * * * *
COMMON JUDGMENT
(Judgment of the Court was delivered by The Hon'ble Chief Justice)
The parties are at lis against each other on account of allegations of infringement of trade mark and passing off qua the trade mark 'Udhaiyam' or 'GRB Udhayam'. This has given rise to different proceedings and the present suits have been filed seeking perpetual injunctions against each other.
2.The parties were referred to mediation of
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Mr.Arvind P.Datar, learned Senior Advocate. The parties have resolved their disputes and a Memorandum of Compromise dated 08.10.2014 has been filed. In terms of the memorandum, while the writ petitions are sought to be disposed of, the present suits are sought to be decreed in
terms of para 12, which reads as under:
"12. C.S.No.223 of 2010 instituted by the parties of the first part and C.S.No.601 of 2010 instituted by the party of the second part before the Hon'ble Madras High Court shall be decreed in terms of the present memorandum of compromise and the terms of the memorandum of compromise shall form part of the decree."
3.The Memorandum of Compromise is signed by the parties and their counsels. The authorised representative
of the parties are present in Court, as identified by the Counsels.
4.In view of the aforesaid, the settlement is recorded and both the suits are disposed of in terms of the Memorandum of Compromise as prayed for in para 12 and decree shall be drawn up accordingly. As a sequitur, the Registrar of Trade Marks would incorporate the condition mentioned in clause 8 of the Memorandum of Compromise, for https://hcservices.ecourts.gov.in/hcservices/ which we issue directions.
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P.Datar, learned Senior Advocate, as a Mediator to resolve the disputes.
6.The memorandum of compromise shall form part of the decree. No costs. Consequently, connected
applications stand closed.
Sd/.(S.K.K., CJ.)(M.S.N.,J.)
10.10.2014
//Certified to be a true copy//
Dated this the day of 2015.
R.s/09.06.2015 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of
the Order/Judgment Decree in this format.
1 issue framed by the court
Whether the present suits involving trade mark infringement are to be decreed based on the filed Memorandum of Compromise.
3 provisions across 3 enactments
S.Sudhakar
Shri Lakshmi Agro Foods Pvt. Ltd.
M/s.GRB Dairy Food Pvt. Ltd.
Sanjay Kishan Kaul
M.Sathyanarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
