Disposed

Dhanavilas Madras Snuff Company v. S. Muthazhagu

Madras HC12 Jul 2021CS/313/2020

Case brief

AI extract

What is this about?

This judgment records a compromise in a civil suit and original applications for trademark and copyright infringement. The court decreed the suit and closed the connected applications in terms of a Memo of Compromise filed by the parties.

What did the court decide?

The civil suit was decreed in terms of the Memo of Compromise; connected original applications were closed; no order as to costs.

Dhanavilas Madras Snuff Company Vs S. Muthazhagu — Intellectual Property | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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MONDAY, THE 12TH DAY OF JULY 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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C.S.(Com.Div) No.313 of 2020 And O.A.Nos.603 to 605 OF 2020

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C.S.No.313 of 2020:-

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Dhanavilas Madras Snuff Company, A Partnership Firm, No.18, IV Street, Shastri Nagar (Now Karunanidhi Nagar), Tondiarpet, Chennai-600 081. Represented by its Partner K.Poongodi ...Plaintiff

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Versus

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S.Muthazhagu, Proprietor M.M.Snuff Company, No.37, Aringar Anna Street, Thirumalapuram, Bodinayakanur, Theni-625 513. ...Defendant

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Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree (a) grant a permanent injunction, restraining the Defendant, by himself, his servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale

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https://hcservices.ecourts.gov.in/hcservices/ using the Trademark V.S/D.S/word/device or any other similar Trade Mark

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name or similar sounding expression in any media and use the same in name

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board, invoices, letter heads and visiting cards or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the Plaintiff's trademark/name D.S./word/device and use the same in snuff pouches, packets or use the mark in invoices, letters heads and visiting cards or part of their pouch or other trade literature or using any other trade mark which is in any way visually, or phonetically similar to the Plaintiff's registered Trade Mark Nos. 157995,1579958 & 1579959 in Class 34 or in any manner infringing the Plaintiff's registered Trade Marks referred herein.

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(b) grant a permanent injunction restraining the Defendant by himself, his servants, agents or anyone claiming through him his printers and his distributors from committing infringement of the Copyright which the Plaintiff has in their artistic work contained in the pouches/sachets filed in Document No.1 by distributing, printing or causing to be printed the work as shown in Document No.2 filed along with the plaint or in any other manner infringe the Plaintiff's Copyright in the artistic work contained in Document No.1.

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(c) grant a permanent injunction restraining the Defendant by its servants or agents or anyone claiming through him from manufacturing https://hcservices.ecourts.gov.in/hcservices/ selling or offering & advertising for sale the snuff in pouches as shown in

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Document No.2 or using the Trade Mark V.S/D.S any other pouch carton or

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label or sachet which is in any way similar in get up, colour scheme of the Plaintiff pouch as shown in Document No.1, and pass off the snuff as the goods of the Plaintiff or enable others to pass off.

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(d) Directing the defendant to surrender to the plaintiff all the cations, sachets/pouches labels, packets and any other printed matters containing or consisting of the offering Trade Marks and Copyright together with blocks used for the purpose of printing the same for destruction.

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(e) Directing the defendant to render a true and faithful account of the profits earned by them through the manufacture and sale by the use of the offending mark/work as shown in Document No.2 and directed such profits to be paid to the plaintiff for the in fringement of the trademark D.S Copyright and passing off committed by the defendant for rendition of accounts.

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(f) Directing the defendant to pay to the plaintiff the costs of suit.

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O.A.Nos.603 to 605 OF 2020

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Dhanavilas Madras Snuff Company, A Partnership Firm, No.18, IV Street, Shastri Nagar (Now Karunanidhi Nagar), Tondiarpet, Chennai-600 081. Represented by its Partner K.Poongodi

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...Applicant/Plaintiff

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https://hcservices.ecourts.gov.in/hcservices/

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Versus

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S.Muthazhagu, Proprietor, M.M.Snuff Company, No.37, Aringar Anna Street, Thirumalapuram, Bodinayakanur, Theni-625 513.

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...Respondent/Defendant

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O.A.Nos.603 OF 2020

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Original Application praying that this Hon'ble Court be pleased to grant an ad-interim injunction, restraining the Respondent/Defendant, by himself, his servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale using the Trademark V.S/D.S/word/device or any other similar Trade Mark name or similar sounding expression in any media and use the same in name board, invoices, letter heads and visiting cards or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the Applicant's/Plaintiff's trademark/name D.S/word/device and use the same in snuff pouches, packets or use the mark in invoices, letters heads and visiting cards or part of their pouch or other trade literature or using any other trade mark which is in any way visually, or phonetically similar to the Applicant's/Plaintiff's registered Trade Mark Nos. 157995, 1579958 & 1579959 in Class 34 or in any manner infringing the

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Applicant's/Plaintiff's registered Trade Marks referred herein pending https://hcservices.ecourts.gov.in/hcservices/ disposal of the above suit.

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O.A.Nos.604 OF 2020

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Original Application praying that this Hon'ble Court be pleased to grant an ad-interim injunction restraining the Respondent/Defendant by himself, his servants, agents or anyone claiming through him his printers and his distributors from committing infringement of the Copyright which the Applicant/Plaintiff has in their artistic work contained in the pouches/sachets filed in Document No.1 by distributing, printing or causing to be printed the work as shown in Document No.2 filed along with the plaint or in any other manner infringe the Applicant's/Plaintiff's Copyright in the artistic work contained in Document No.1 pending disposal of the above suit.

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O.A.Nos.605 OF 2020

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Original Application praying that this Hon'ble Court be pleased to grand an ad-interim injunction restraining the Respondent/Defendant by its servants or agent or anyone claiming through him from manufacturing selling or offering & advertising for sale the snuff in pouches as shown in Document No.2 or using the Trade Mark V.S/D.S any other pouch carton or label or sachet which is in any way similar in get up, colour scheme of the Applicant/Plaintiff pouch as shown in Document No.1, and pass off the snuff as the goods of the Applicant/Plaintiff or enable others to pass off https://hcservices.ecourts.gov.in/hcservices/ pending disposal of the above suit.

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This suit along with these original applications coming on this

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day before this court for hearing in the presence of Ms.Gladys Daniel, Advocate for the plaintiff in C.S.No.313 of 2020 and for the Applicant in O.A.Nos.603 to 605 of 2020 and Mr.M.Senthil Vadivu, Advocate for the defendant in C.S.No.313 of 2020 and for the respondent in O.A.Nos.603 to 605 of 2020 and upon reading the plaint filed in C.S.No.313 of 2020 and the order dated 14/06/2021 made in O.A.Nos.603 to 605 of 2020 and the memo of compromise signed by the plaintiff and the defendant with their respective advocates and the said advocates for the parties hereto praying this court to pass a decree in term of memo of compromise morefully set out in the schedule hereunder, it is in term thereof ordered and decreed as

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follows:

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That S.Muthazhagu, the defendant herein, by himself, his servants, agents, distributors, or anyone claiming through him from (a)manufacturing, selling, advertising and offering for sale using the Trademark V.S/D.S/word/device or any other similar Trade mark name or similar sounding expression in any media and use the same in name board, invoices, letter heads and visiting cards or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the plaintiff's trademark/name D.S/word/device and use the same https://hcservices.ecourts.gov.in/hcservices/ in snuff pouches, packets or use the mark in invoices, letters heads and

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visiting cards or part of their pouch or other trade literature or using any

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other trademark which is in any way visually, or phonetically similar to the plaintiff's registered Trade Mark Nos.157995, 1579958 & 1579959 in class 34 or in any manner infringing the plaintiff's registered Trade Marks referred herein; (b) committing infringement of the copyright which the plaintiff has in their artistic work contained in the pouches/sachets filed in Document No.1 by distributing, printing or causing to be printed the work as shown in Document No.2 filed along with the plaint or in any other manner infringe the plaintiff's copyright in the artistic work contained in Document No.1; (c) manufacturing selling or offering & advertising for sale the snuff in pouches as shown in Document No.2 or using the Trade Mark V.S/D.S any other pouch carton or label or sachet which is in any way similar in get up, colour scheme of the plaintiff pouch as shown in Document No.1 and pass off the snuff as the goods of the plaintiff or enable others to pass off;

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That the Defendant herein, undertakes not to oppose the Trademark Applications filed by the Plaintiff for registration of the Trademark by himself, his servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale

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using the Trademark D.S/word/device or any other similar Trade Mark https://hcservices.ecourts.gov.in/hcservices/ name.

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That the Defendant herein shall withdraw any Application for

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Registration of the Trade Mark as contained in Plaint Document.

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4)That the Defendant herein shall not use the Trademark V.S/D.S or any other pouch carton or label or sachet which is in any way similar in get up, colour scheme of the Plaintiff pouch as shown in Document No.1 filed along with the Plaint or any other marks belonging to the Plaintiff in future.

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That the Plaintiff has no objection toward defendants using the trademark S.M and applying/registering for Trademarks in Trademarks Registering as shown in ANNEXURE-A.

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That the plaintiff herein agrees to compromise withdraw the criminal complaints and cases filed against the defendant Mr.Muthazhagu through their sale representatives who is (1) A1 in FIR No.115/2019 dated 15/02/2019 on the file of Bodinayakanur Taluk Police Station, (2) A1 in FIR No.196/2018 dated 8/10/2018 on the file of VPC CID @ IPER CELL Madurai, (3)A2 in FIR No.29/2019 dated 19/2/2019 on the file of VPC CID @ IPER CELL Madurai, and (4) A2 in FIR No.13/2021 dated 11/01/2021 on the file of Rayappanpatti Police Station, Theni District and the plaintiff further assure to give consent and no objection during the proceedings of QUASH on the above said FIRs On the File of Hon'ble High court of

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https://hcservices.ecourts.gov.in/hcservices/

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Madras (Madurai Bench).

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That the Plaintiff herein, be and is hereby given up the relief

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contained in prayers [d],[e] & [f] in para 30 of the suit.

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That O.A.Nos. 603 to 605 of 2020 do stand closed.

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That there shall be no order as to cost of this suit.

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(Schedule – MOC)

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Sd./-

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ASSISTANT REGISTRAR(Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(OS) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments

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https://hcservices.ecourts.gov.in/hcservices/

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VSP 19/08/2021

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C.S.No.313 OF 2020 AND

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O.A.Nos. 603 to 605 of 2020

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DECREE DATED: 12.07.2021

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THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

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APPROVAL ON:24/08/2021

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APPROVED ON:24/08/2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 12.07.2021

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CORAM:

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.S.(Com.Div.) No.313 of 2020 and O.A.Nos.603 to 605 of 2020

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Dhanavilas Madras Snuff Company, A Partnership Firm No.18, IV Street, Shastri Nagar, (Now Karunanidhi Nagar) Tondiarpet, Chennai-600 081 represented by its PartnershipK.Poongodi

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.. Plaintiff

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/versus/

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S.Muthazhagu Proprietor M.M.Snuff Company No.37, Aringnar Anna Street, Thirumalapuram, Bodinayakanur, Theni-625 513. .. Defendant

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This Civil Suit is filed under Order IV Rule 1 Original Side Rules read with Order VII Rule 1 of CPC Read With Sections 27, 134 and 135 of the Trademarks Act 1999 and under Sections 55 and 62 of the Copyright Act, 1957, prayed for (a) (a) granting a permanent injunction, restraining the defendant, by himself, his servants, agents, distributors, or anyone claiming https://hcservices.ecourts.gov.in/hcservices/ through him from manufacturing, selling, advertising and offering for sale

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using the Trademark V.S/D.S/word/device or any other similar Trade mark

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name or similar sounding expression in any media and use the same in name board, invoices, letter heads and visiting cards or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the plaintiff's trademark/name D.S/word/device and use the same in snuff pouches, packets or use the mark in invoices, letters heads and visiting cards or part of their pouch or other trade literature or using any other trademark which is in any way visually, or phonetically similar to the plaintiff's registered Trade Mark Nos.157995, 1579958 & 1579959 in class 34 or in any manner infringing the plaintiff's registered Trade Marks referred herein;

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(b) granting a permanent injunction restraining the Defendant by himself, his servants, agents or anyone claiming through him his printers and his distributors from committing infringement of the copyright which the plaintiff has in their artistic work contained in the pouches/sachets filed in Document No.1 by distributing, printing or causing to be printed the work as shown in Document No.2 filed along with the plaint or in any other manner infringe the plaintiff's copyright in the artistic work contained in Document No.1;

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(c ) granting a permanent injunction restraining the Defendant by his servants or agents or anyone claiming through him from manufacturing selling or offering & advertising for sale the snuff in pouches as shown in Document No.2 or using the Trade Mark V.S/D.S any other pouch carton or label or sachet which is in any way similar in get up, colour scheme of the https://hcservices.ecourts.gov.in/hcservices/ plaintiff pouch as shown in Document No.1 and pass off the snuff as the

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goods of the plaintiff or enable others to pass off;

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(d) Directing the Defendant to surrender to the plaintiff all the cartons, sachets/pouches labels, packets and any other printed matters containing or consisting of the offending Trade Marks and Copyright together with blocks used for the purpose of printing the same for destruction;

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(e) Directing the Defendant to render a true and faithful account of the profits earned by them through the manufacture and sale by the use of the offending mark/work as shown in Document No.2 and directing such profits to be paid to the plaintiff for the infringement of the trademark D.S copyright and passing off committed by the Defendant for rendition of accounts;

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(f) Directing the Defendant to pay to the plaintiff the costs of suit.

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For Plaintiff :Ms.Glady Daniel For Defendant : Mr.M.Senthil Vadivu

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JUDGMENT

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Pending suit, the parties have entered into compromise and a

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Memo of Compromise between the plaintiff and the defendant, dated

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19.03.2021 is filed.

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https://hcservices.ecourts.gov.in/hcservices/ 2. In view of the compromise memo, the civil suit is decreed as

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prayed for. The terms of Memo of Compromise shall form part of the

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decree. Consequently, connected applications are also closed. There shall be

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no order as to costs.

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Sd./-G.J.J. 12.07.2021

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//Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

Dhanavilas Madras Snuff Company v. S. Muthazhagu

Case brief

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Dhanavilas Madras Snuff Company v. S. Muthazhagu

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