The plaintiff failed to appear in person and counsel could not contact them to proceed with the suit. The court recorded the plaintiff's apparent absence and inability to prosecute the case involving trademark and copyright infringement. The suit was dismissed for non-prosecution.
The suit was dismissed for non-prosecution. Liberty to seek restoration granted. No costs.
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
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 27TH DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.1017 of 2005
C.S.No.1017 of 2005:-
Mr. V.Gunsekar, Proprietor, M/s.Krishna Sanitaryware, No.3/9, Sri Devi Apartments, Lakshmikanthan Street, T.Nagar, Chennai-600 017. ... Plaintiff
Versus
Civil Suit praying that this Hon'ble Court be pleased to judgment and decree:
a) Granting Permanent Injunction restraining the defendants from
infringing copyright in the registered design of the plaintiff under design https://hcservices.ecourts.gov.in/hcservices/ registration No.186171.
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b) Granting Permanent injunction restraining the defendants from using the offending trade mark VLS for the polymer coated wash basin
bracket which is similar and identical to the trade mark VGS of the plaintiff.
c) Granting permanent injunction restraining the defendants from infringing the copyright in the carton for marketing the polymer coated wash basin bracket of the plaintiff by using an identical carton as that of the plaintiff.
d) Granting Permanent injunction restraining the defendants from passing off the wash basin bracket as and for those of the plaintiff.
(e) Directing the defendants to render a true and faithful account of
the profits earned by them through the sale of polymer coated wash basin bracket and directing the payment of such profits to the plaintiff by way of damages committed by the defendants.
(f) Directing the defendants to surrender to the plaintiff the entire stock of polymer coated wash basin bracket with the Trade mark VLS together with cartons printing blocks, containers, boxes etc., bearing offending for destruction;
This suit coming on this day before this court for hearing in the https://hcservices.ecourts.gov.in/hcservices/ presence of Mr.Prasanna Vankat, Advocate for the plaintiff herein and
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Mr.Anil Kumar, Advocate for the 1st defendant herein and upon reading the
plaint filed herein and the learned counsel for the plaintiff submitted that his attempts to contact the plaintiff have failed, he would also submit that it appears that the plaintiff is not carrying on business in the said address, and
this court doth recording the same, it is ordered as follows:-
That the suit in C.S.1017 of 2005, be and is hereby dismissed for nonprosecution.
WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS DATED THE 27TH DAY OF JULY 2021.
Sd./-
ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.
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VSP 25/08/2021
C.S.No.1017 of 2005
ORDER
DATED :27/07/2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 16/09/2021
APPROVED ON: 17/09/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.1017 of 2005
V.Gunasekar, Proprietor, M/s. Krishna Sanitaryware, No.3/9, Sri Devi Apartments, Lakshmikanthan Street, T.Nagar, Chennai 600 017.
... Plaintiff
Versus
Plaint filed under Order IV Rule 1 of the Original Side Rules read
with Order VII Rule 1 of C.P.C. Sections 22 of the Designs Act, 2000 and
Section 134 & 135 of the Trade Marks Act 1999 and Section 55 & 62 of the
Copy Rights Act 1957, praying to pass a judgment and decree:-
a) Granting Permanent Injunction restraining the defendants
from infringing copyright in the registered design of the
plaintiff under design registration No.186171;
b) Granting Permanent injunction restraining the defendants https://hcservices.ecourts.gov.in/hcservices/
from using the offending trade mark VLS for the polymer
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coated wash basin bracket which is similar and identical to
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For Plaintiff : Mr.Prassanna Venkat For Defendants : Mr. Anil Kumar, for D1
J U D G M E N T
Mr.Prassanna Venkat, learned counsel appearing for the plaintiff
would submit that his attempts to contact the plaintiff have failed. He would also submit that it appears that the plaintiff is not carrying on business in the said address. Recording the said statement, the suit is dismissed for nonprosecution. Leaving it open to the plaintiff to seek restoration, if necessary. No costs.
Sd./-R.S.M.J
27.07.2021
List of the witnesses examined on the side of the plaintiff : Nil. List of Exhibits marked on the side of the plaintiff: Nil.
List of the witnesses examined on the side of the defendants: Nil. List of Exhibits marked on the side of the defendants: Nil.
Sd./-R.S.M.J 27.07.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies https://hcservices.ecourts.gov.in/hcservices/ of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the suit should be dismissed for non-prosecution given the plaintiff's failure to contact them and apparent cessation of business.
4 provisions across 4 enactments
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R.Subramanian
Parties & counsel
