Suit under Trade & Merchandise Marks Act for permanent injunction and damages was dismissed for non-prosecution when plaintiff's counsel stated inability to reach the plaintiff.
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C.S.No.432 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.432 of 1999
G.E.Motors India Ltd.,
Sector-11, Model Town,
Fairabad – 121 006.
Haryana State represented by its
Power of Attorney Agent and
Regional Manager ...Plaintiff
Vs.
1.Govindaraj
Trading as: “GMS Agencies”,
Pappanayakanpalayam,
Coimbatore – 641 037.
2.R.Sreenivasan,
Trading as: “Sri Sivasakthi Stores”,
814, Bharathiar Road,
Pappanayakanpalayam,
Coimbatore – 641 037.
3.Uthaya Suriyan,
Trading as “Uthayam Furniture Mart”,
11, Madurai Road, Silampatti,
Madurai District.
4.K.Sakthivel,
Trading as “Surya Trading Co.”,
62-B, Kumaraswamy Gounder Street,
Rathnapuri, Coimbatore – 641 027.
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C.S.No.432 of 1999
5.R.M.Anandan,
Trading as “Shri Nithya Industries”, 32-G, Palaniswamy Gounder Street, Rathnapuri, Coimbatore – 641 027.
6.K.Suresh Babu,
Trading as “Lakshmipriya Electricals”, 177-A, Bharathiar Road, Maniyakaran Palayam, Ganapathy Post, Coimbatore – 641 006.
7.Sundararajan,
Trading as “Aarthi Agencies”, 184, Thambu Chetty Street,
Chennai – 600 001.
Trading as “Subha Stores”, 266, M.T.H.Road, Padi, Chennai – 600 050.
Trading as “Bell Antena Industries & Bell Industries”, 187, Puraswalkam High Road,
Chennai – 600 010.
Trading as “Pradeepa Industries”, 102, Ayya Mudaly Street, Chinthadripet, Chennai – 600 002.
11.Chakravarthy,
Trading as “Mahalakshmi Agencies”,
59, Trunk Road, Poonamallee, Chennai – 600 056.
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C.S.No.432 of 1999
12.Rajagopal, Trading as “Raja Stores”, Trunk Road, Poonamallee, Chennai – 600 056.
13.Ponraj, Trading as “Mookambikai Electronics”, Near Water Tank Bus Stop, Poonamallee, Chennai – 600 056.
14.C.P.Nasar,
Trading as “Alankar Electronics”, 67, L.B.Road, (Opp. Jayanthi Theatre), Thiruvanmiyur, Chennai – 600 041.
...Defendants
Prayer: Plaint filed under Sections 27, 105, 106 of the Trade & Merchandise Marks Act, 1958 and Order IV Rule 1 of the Original Side rules & Order VII Rule 1 of C.P.C., praying as follows:-
a) granting a permanent injunction restraining the defendants by themselves, their servants, their agents and their distributors from committing passing off their goods by selling AUE motors as the goods MO-1 of the Plaintiff by using their Trademark “AUE” or any other abbreviation or word phonetically and deceptively similar to the Trademark “AUE” on their product and pass off their goods as the goods (MO-1) of the Plaintiff or enable others to pass off.
b) directing the Defendants to render a true and faithful account of the profit earned by using the Trademark “AUE” and directing such profits to be paid to the Plaintiff on account of passing off committed by Defendants by using the Trademark “AUE”.
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C.S.No.432 of 1999
c) directing the Defendants to surrender to the Plaintiff all labels, packets, other trade literature containing or consisting of the offending Trademark “AUE” or any other Trademark similar to the expression AUE together with the blocks used for the purpose of embossing or printing the same for destruction.
d) directing the defendants to pay to the plaintiff the cost of the
suit.
For Plaintiff : Mr.N.Nithianandam – No instructions
For Defendants : Mr.B.S.Gnanadesikan for D1, D4, D5 &
D8
Mr.S.Chandrasekaran for D7
Mr.M.Govindaraj for D9
Mr.G.Poonkunran
for D2, D10, D11, D12 & D14
J U D G M E N T
Mr.N.Nithianandam, learned counsel appearing for the plaintiff
would submit that he is unable to get in touch with the plaintiff.
2.In view of said statement made by the learned counsel for the
plaintiff, this suit is dismissed for non-prosecution. No costs.
06.10.2021
kkn Internet:Yes/No Index:Yes/No
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C.S.No.432 of 1999
Speaking / Non-Speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
06.10.2021
kkn
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C.S.No.432 of 1999
R.SUBRAMANIAN, J.
KKN
C.S.No.432 of 1999
06.10.2021
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R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
