This court dismissed a civil suit filed for permanent injunction and account of profits regarding alleged infringement of a registered bottle design. The suit was withdrawn by the plaintiff without examination of witnesses or exhibits.
Suit dismissed as withdrawn. No costs awarded.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 20th DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.252 of 2006
Mohan Breweries & Distilleries Ltd., No.158, Royala Towers, II Floor, Anna Sali, Chennai – 600 002. Represented by its Vice-President (Finance) & Company Secretary T.Krishnamurthy ...Plaintiff
.Vs.
1.M/s.Balaji Distilleries Ltd., No.9, Bazullah Road, T.Nagar, Chennai – 600 017.
2.M/s.United Breweries Ltd., 100/1, Richmond Road, Bangalore – 560 025. ... Defendants
Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree:-
a) Granting permanent injunction restraining the defendant by themselves, their servants or agents or anyone claiming through them from in any manner infringing the plaintiff's registered and well established bottle design together with the device of three eagles at the top on all the four
https://hcservices.ecourts.gov.in/hcservices/ sides of the bottle by using the offending identical bottle design together
with the device of three eagles at the top on all the four sides of the bottle or
2
in any manner advertising the same.
b) Directing the defendants to surrender to the plaintiff the entire stock of unused offending identical bottle design together with the device of three eagles at the top on all the four sides of the bottle along with the blocks and dyes for destruction;
c) Directing the defendants to render a true and faithful account of the profits earned by the defendants through the sale of beer by using the offending bottle design and directing payment of such profits to the plaintiff for the infringement committed by the defendants and
d) Directing the defendant to pay to the plaintiff the costs of the suit.
This Suit coming on this day before this court for hearing in the presence of Mr.Rajesh Ramanathan, Advocate for the plaintiff herein and Mr.Madhan Babu, Advocate for the 1st Defendant herein, and Mrs.Aishwarya for Mr.Rangarajan, Advocates for the 2nd defendant herein and upon reading the pleadings and memo filed herein, and the learned counsel for the plaintiff having submitted that he has got instructions to withdraw the suit and he has also filed a memo to that effect, It is ordered as follows:-
That the suit in C.S.No.252 of 2006 be and is hereby dismissed as https://hcservices.ecourts.gov.in/hcservices/ withdrawn.
3
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 20th 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/Decrees in this format.
4
SK 13.08.2021
C.S. No.252 of 2006
ORDER :- DATED :20.07.2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 08.10.2021
APPROVED ON: 12.10.2021
5
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.252 of 2006
Mohan Breweries & Distilleries Ltd., No.158, Royala Towers, II Floor, Anna Sali, Chennai – 600 002. Represented by its Vice-President (Finance) & Company Secretary T.Krishnamurthy
...Plaintiff
.Vs.
1.M/s.Balaji Distilleries Ltd., No.9, Bazullah Road, T.Nagar, Chennai – 600 017.
2.M/s.United Breweries Ltd., 100/1, Richmond Road, Bangalore – 560 025. ... Defendants
Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
and under Order IV Rule 1 of the Original Side Rules and Section 22 of the Designs Act, 2000 praying for a judgment and decree:
a) Granting permanent injunction restraining the defendant by
themselves, their servants or agents or anyone claiming through them from
in any manner infringing the plaintiff's registered and well established bottle https://hcservices.ecourts.gov.in/hcservices/
design together with the device of three eagles at the top on all the four
6
sides of the bottle by using the offending identical bottle design together with the device of three eagles at the top on all the four sides of the bottle or in any manner advertising the same.
b) Directing the defendants to surrender to the plaintiff the entire stock of unused offending identical bottle design together with the device of three eagles at the top on all the four sides of the bottle along with the blocks and dyes for destruction;
c) Directing the defendants to render a true and faithful account of the profits earned by the defendants through the sale of beer by using the offending bottle design and directing payment of such profits to the plaintiff for the infringement committed by the defendants and
d) Directing the defendant to pay to the plaintiff the costs of the suit.
For Plaintiff : Mr.Rajesh Ramanathan For Defendants : Mr.Madhan Babu for D1
Mrs.Aishwarya for Mr.Rangarajan for D2
J U D G M E N T
The suit has been filed by the plaintiff praying
a) Granting permanent injunction restraining the defendant by
themselves, their servants or agents or anyone claiming through them from
7
in any manner infringing the plaintiff's registered and well established bottle
design together with the device of three eagles at the top on all the four
sides of the bottle by using the offending identical bottle design together with the device of three eagles at the top on all the four sides of the bottle or in any manner advertising the same.
b) Directing the defendants to surrender to the plaintiff the entire stock of unused offending identical bottle design together with the device of three eagles at the top on all the four sides of the bottle along with the blocks and dyes for destruction;
c) Directing the defendants to render a true and faithful account of the
profits earned by the defendants through the sale of beer by using the offending bottle design and directing payment of such profits to the plaintiff for the infringement committed by the defendants and
d) for costs of the suit.
2. Mr.Rajesh Ramanathan, learned counsel appearing for the plaintiff
would submit that he has got instructions to withdraw the suit and he has also filed a memo to that effect.
3. Hence, the suit is dismissed as withdrawn. No costs.
Sd./-(R.S.M.J.,) 20.07.2021
List of the witnesses examined on the side of the plaintiff : Nil
8
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.,) 20.07.2021
//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 of the Orders/Judgments/Decrees in this format.
3 provisions across 3 enactments
Mohan Breweries & Distilleries Ltd.
M/s. Balaji Distilleries Ltd.
M/s. United Breweries Ltd.
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
