Dismissed

M/S.Vijay Shanthi Builders Ltd. v. M/S.Vijay Shanthi Exhibitions

Madras HC14 Aug 2019CS/464/2012

Case brief

AI extract

What is this about?

Plaintiff's counsel submitted that the defendant company was struck off the register and sought permission to dismiss the suit with liberty to file a fresh suit later. The Court granted permission and dismissed the suit accordingly, closing connected applications.

What did the court decide?

Permission granted to withdraw the suit with liberty to file a fresh suit if necessary later; costs denied.

M/S.Vijay Shanthi Builders Ltd. Vs M/S.Vijay Shanthi Exhibitions — Madras HC (2019) — LawSathi Research

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C.S.No.464 of 2012

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 14.08.2019

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Coram

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The Honourable Mr.Justice KRISHNAN RAMASAMY

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C.S.No.464 of 2012 and O.A.Nos.565 & 566 of 2012 and A.No.3066 of 2012

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M/s.Vijay Shanthi Builders Limited No.20/43, Kasthuri Rangan Road, Alwarpet, Chennai – 600 018 Represented by its Managing Director Mr.Suresh Kumar

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...Plaintiff

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Versus

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M/s.Vijay Shanthi Exhibition Pvt. Ltd., New No.18A, Montieth Road, 2^nd Floor, Asha Mansion, Egmore, Chennai – 600 008.

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...Defendant

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Prayer:

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This suit is filed under Order IV Rule 1 of the O.S.Rules r/w. Sections 27, 29, 134 and 125 of the Trade Marks Act, 1999 for the following reliefs:

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(a) A perpetual injunction restraining the defendant, its distributors, stockist, servants, agents, retailers, representatives or any other person claiming under/through them from in any manner

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http://www.judis.nic.in

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C.S.No.464 of 2012

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infringing the plaintiff's registered trademark VIJAY SHANTHI by manufacturing, marketing, selling, offering for sale, provide service, stocking, advertising, conduct fairs or exhibitions, either directly and/or indirectly any goods or service by using the trademark VIJAY SHANTHI either as a trademark or as a corporate name or otherwise in the course of trade, either per se or in combination with any other name/mark/identification and/or any other mark either in English or any other language, identical with and/or deceptively similar to plaintiff's registered trademark or in any other manner whatsoever;

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(b) A perpetual injunction restraining the defendant, its distributors, stockist, servants, agents, retailers, representatives or any other person claiming under/through them from in any manner passing off its business/goods/services as that of the plaintiff's by manufacturing, marketing, selling, offering for sale, provide service, stocking, advertising, conduct fairs or exhibitions, either directly and/or indirectly any goods or service by using the trademark VIJAY SHANTHI either as a trademark or as a corporate name or otherwise in the course of trade, either per se or in combination with any other name/mark/identification and/or any other mark either in English or any other language, identical with and/or deceptively similar to plaintiff's registered trademark or in any other manner whatsoever;

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(c) The defendant be ordered to surrender to plaintiff for destruction all packed goods, labels, dyes, blocks, moulds, screen prints, packing materials, billboards, adverts and other materials bearing the trademark/corporate name VIJAY SHANTHI either per se or in combination thereof;

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C.S.No.464 of 2012

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(d) A preliminary decree be passed in favour of the plaintiff directing the defendant to render account of profits made by use of trademark VIJAY SHANTHI or the corporate name M/s.Vijay Shanthi Exhibitions Pvt. Ltd., and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendant after the latter have rendered accounts;

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(e) The defendant be ordered and decreed to pay to the plaintiff a sum of Rs.25,00,000/- as damages for acts of passing off and infringement of trademark committed by the defendant.

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(f) For costs of the suit.

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For Plaintiff : Mr.Madhan Babu For Defendant : Mr.R.Thiagarajan J U D G M E N T

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The learned counsel for plaintiff submitted that the defendant

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Company has been struck off from the Register of Companies with effect from 29.06.2017. He therefore seeks the permission of this Court to withdraw the present suit with a liberty to the plaintiff to file a fresh suit, if it is necessary at a later point of time. He has also made an endorsement to that effect.

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C.S.No.464 of 2012

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KRISHNAN RAMASAMY, J., mrr

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In view of the submission coupled with an endorsement

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made by the plaintiff's counsel, this Civil Suit is dismissed as
withdrawn with liberty to file a fresh suit, if it is necessary at a later
point of time. No costs. Consequently, connected Applications are
closed.
14.08.2019
mrr
Index : Yes/No
C.S.No.464 of 2012

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M/S.Vijay Shanthi Builders Ltd. v. M/S.Vijay Shanthi Exhibitions

Case brief

What is this about?

What did the court decide?

M/S.Vijay Shanthi Builders Ltd. v. M/S.Vijay Shanthi Exhibitions

Case brief

What is this about?

What did the court decide?

What the court decided

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