This short order dismisses C.S.No.395 of 2009, a plaint filed under the Trade Marks Act 1999 and CPC, with liberty to file a fresh suit on the same cause of action following the allowance of Application No.6206 of 2016.
Plaint dismissed with liberty to file fresh suit.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.11.2016
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.395 of 2009
1. Aqua Pump Industries,
rep. by its Managing Partner
Mr.Ramaswamy Kumaravelu,
Thudiyalur Post,
Coimbatore – 641 034.
Having their branch office at
No.156, Poonamallee High Road,
Vanagaram,
Chennai – 600 095.
2. Aquasub Engineering,
rep. by its Managing Partner
Mr.Ramaswamy Kumaravelu,
Thudiyalur Post,
Coimbatore – 641 034.
Having their branch office at
No.156, Poonamallee High Road,
Vanagaram,
Chennai – 600 095.
.... Plaintiffs
Versus
TEXMO Pipes and Products Ltd.,
Bhadarpur Road,
Mohamad Pura,
Burhanpur,
Madhya Pradesh.
http://www.judis.nic.in
… Defendant
vsi2
C.V.KARTHIKEYAN,J.
Prayer : Plaint filed under Order IV Rule 1 O.S. Rules and Order VII Rule 1 of the Civil Procedure Code Read with Sec.27, 134 & 135 of the Trade Marks Act 1999.
For Plaintiffs : M/s.C.Daniel and Gladys Daniel
For Defendant : Ms.A.A.Mohan, Brindha Mohan
*****
J U D G M E N T
In view of allowing of the Application No.6206 of 2016 the C.S.No.395 of 2009
dated 28.11.2016, is dismissed with liberty to file fresh suit on the same cause of action in
the Court of competent jurisdiction and also on the same subject matter.
28.11.2016
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To
The Sub Assistant Registrar,
Original Side,
High Court, Madras.
C.S.No.395 of 2009
2 provisions across 2 enactments
Aqua Pump Industries, rep. by its Managing Partner Mr. Ramaswamy Kumaravelu
Aquasub Engineering, rep. by its Managing Partner Mr. Ramaswamy Kumaravelu
TEXMO Pipes and Products Ltd.
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
