Suit by Canara Land Investments Ltd. under the Trade and Merchandise Marks Act for declaration and injunction regarding trademark threats. Plaintiff filed a memo reporting no instructions, resulting in the dismissal of the suit for non-prosecution with costs adjourned.
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 07th DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
C.S. No. 61 of 1996
The Canara Land Investments Ltd., Manipal - 576 119, Karnataka State, rep. by its Power of Attorney Mr. N. Mahalinga Bhat. ...Plaintiff
-Versus-
Civil Suit praying that this Hon'ble Court be pleased to grant
https://hcservices.ecourts.gov.in/hcservices/ judgment and decree as follows:-
(a) for a declaration that the threats contained in the Cease and Desist
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Notice dated 22-12-1995 is injustifiable and groundless:
servants, agents, or anyone claiming through them from continuing the threat against the use of the expression "Hotel Green Park" by any circular, notices, advertisement, or in any manner against the Plaintiff;
(c) for grant permanent injunction, restraining the respondents, their servants, agents, men and representatives, or anyone claiming through them from asserting exclusive right over the expression "PARK" in respect of the Plainiff's use of the expression "Green Park Hotel";
This Civil Suit coming on this day before this Court for hearing in the presence of M/s.Gladys Daniel, Advocate for the Plaintiffs herein and Mr.K.Premchandar, Advocate for the defendant herein and upon reading the Plaint filed herein and the memo dated 06.12.2021 filed by the learned counsel for the Plaintiff herein and has reported that "no instructions" and the memo is taken on file, it is ordered as follows:-
for non-prosecution.
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WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 07th DAY OF DECEMBER 2021.
Sd/-
ASSISTANT REGISTRAR(Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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ARS
20.12.2021
C.S. No.61 of 1996
ORDER
DATED : 07.12.2021
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
FOR APPROVAL: 23.12.2021
APPROVED ON : 30.12.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :07.12.2021
Coram:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Suit No.61 of 1996
The Canara Land Investment Ltd., Manipal-576 119, Karnataka State, Rep by its Power of Attorney Mr.N.Mahalinga Bhat. .. Plaintiff
/versus/
Prayer: Civil Suit has been filed under Section 120 F of the Trade and
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Merchandise Marks Act, 1958 and Order IV, Rule 1 of the Original Side Rules, praying to pass a judgment and decree for:-
(a) for a declaration that the threats contained in the cease and desist notice dated 22-12-1995 is unjustifiable and groundless;
(b) for grant permanent injunction, restraining the respondents, their servants, agents, or anyone claiming through them from continuing the threat against the use of the expression "Hotel Green Park", by any circular, notices, advertisement, or in any manner against the plaintiff;
(c) for grand permanent injunction, restraining the respondents, their servants, agents, men and representatives, or anyone claiming through them from asserting exclusive right over the expression "PARK" in respect of the plaintiff's use of the expression "Green Park Hotel";
(d) directing the defendants to pay to the plaintiff's the costs of the suit and
(e) pass such further, or other orders, as this Hon'ble Court may deem fit and thus render justice.
For Plaintiffs :Ms.Gladys Daniel
For Defendant :Mr.K.Premchandar
The learned counsel for the plaintiff has filed a memo and has
reported no instructions.
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prosecution. There shall be no order as to costs. Consequently, connected applications are closed, if any.
Sd./-N.A.V.J.
07.12.2021
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 provisions across 1 enactments
The Canara Land Investments Ltd.
Apeejay-Surendra Park Hotels Ltd.
Park Hotel (P) Ltd.
Vizag Sea Park Hotel (P) Ltd.
Apeejay Limited
N. Anand Venkatesh
Munishwar Nath Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
