The Madras High Court dismissed a civil suit filed by Gandhimathi Appliances Limited against Vardhman Enterprises for infringement of registered designs, as the plaintiff withdrew the suit before hearing.
Suit dismissed as withdrawn. No costs awarded to either party.
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 06th DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.760 of 2001
Gandhimathi Appliances Limited No.143, Puduppakam Village Vandalur-Kelambakkam Road Kelambakkam Post 603 103 Kanchipuram District, Tamilnadu.
...Plaintiff
.Vs.
Vardhman Enterprises 58/2, Chickalasandra, Subramanyapura Road Bangalore 560 061.
... Defendant
Civil suit praying that this Hon'ble be pleased to pass a judgment and
decree :
a) granting a permanent injunction, restraining the defendant by itself,
its servants and agents and anyone claiming through or under the defendant from committing piracy of the plaintiff's Registered Designs Nos.184195 and 184197 in Class 1 by applying or causing to be applied to gas stoves or pan supports thereof, for the purpose of sale, any design which is the same as or which is a fraudulent or obvious imitation of the said Registered
Designs;
b) granting a permanent injunction, restraining the defendant by itself,
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its servants and agents and anyone claiming through or under the defendant
from committing piracy of the plaintiff's Registered Designs Nos.184195
and 184197 in Class 1 by importing, for the purpose of sale, gas stoves or pan supports thereof, having applied to them the said Registered Designs Nos.184195 and 184197 or any fraudulent or obvious imitations thereof;
c) directing the defendant to pay to the plaintiff, for the piracy committed by the defendant with respect to the said Registered Designs Nos.184195 and 184197 in Class 1 a sum equivalent to the profits earned by the defendant through the sale of the offending gas stoves and pan supports;
d) in the alternative, directing the defendant to pay to the plaintiff such sum, as this Hon'ble Court may determine, by way of damages for the piracy committed by the defendant with respect to the said Registered Designs Nos.184195 and 184197 in Class 1;
e) directing the defendant to surrender to the plaintiff, for destruction, all gas stoves and pan supports bearing the said offending designs, lying with the defendant or in its custody and
f) directing the defendant to pay to the plaintiff the costs of this suit.
This Civil suit coming on this day before this court for hearing in the presence of Mr.K.Harish, Advocate for the plaintiff herein, and the defendant herein not appearing in person or by advocate and upon reading
the plaint filed herein, and the learned counsel for the plaintiff having
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submitted that he has got instructions to withdraw the suit and this court
doth recording the same, It is ordered as follows:-
That the Suit in C.S.No.760 of 2001 be and is hereby dismissed as
withdrawn.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 06th 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.
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SK-25.08.2021
C.S.No.760 of 2001
ORDER :- DATED : 06.07.2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 31.08.2021
APPROVED ON: 01.09.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.760 of 2001
Gandhimathi Appliances Limited No.143, Puduppakam Village Vandalur-Kelambakkam Road Kelambakkam Post 603 103 Kanchipuram District, Tamilnadu.
...Plaintiff
.Vs.
Vardhman Enterprises 58/2, Chickalasandra, Subramanyapura Road Bangalore 560 061.
... Defendant
Plaint filed under Sections 11 and 22 of the Designs Act, 2000, Order VII Rule 1 of Civil Procedure Code and Order IV Rule 1 of the Original Side Rules praying for a judgment and decree :
a) granting a permanent injunction, restraining the defendant by itself, its servants and agetns and anyone claiming through or under the defendant from committing piracy of the plaintiff's Registered Designs Nos.184195 and 184197 in Class 1 by applying or causing to be applied to gas stoves or pan supports thereof, for the purpose of sale, any design which is the same as or which is a fraudulent or obvious imitation of the said Registered https://hcservices.ecourts.gov.in/hcservices/ Designs;
b) granting a permanent injunction, restraining the defendant by itself,
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its servants and agents and anyone claiming through or under the defendant from committing piracy of the plaintiff's Registered Designs Nos.184195 and 184197 in Class 1 by importing, for the purpose of sale, gas stoves or pan supports thereof, having applied to them the said Registered Designs Nos.184195 and 184197 or any fraudulent or obvious imitations thereof;
c) directing the defendant to pay to the plaintiff, for the piracy committed by the defendant with respect to the said Registered Designs Nos.184195 and 184197 in Class 1 a sum equivalent to the profits earned by the defendant through the sale of the offending gas stoves and pan supports;
d) in the alternative, directing the defendant to pay to the plaintiff such sum, as this Hon'ble Court may determine, by way of damages for the piracy committed by the defendant with respect to the said Registered Designs Nos.184195 and 184197 in Class 1;
e) directing the defendant to surrender to the plaintiff, for destruction, all gas stoves and pan supports bearing the said offending designs, lying with the defendant or in its custody and
f) directing the defendant to pay to the plaintiff the costs of this suit.
For Plaintiff : Mr.K.Harish
For Defendant : No appearance
J U D G M E N T
The suit has been filed by the plaintiff for a decree and judgment:
a) granting a permanent injunction, restraining the defendant by itself,
its servants and agetns and anyone claiming through or under the defendant
from committing piracy of the plaintiff's Registered Designs Nos.184195 https://hcservices.ecourts.gov.in/hcservices/
and 184197 in Class 1 by applying or causing to be applied to gas stoves or
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pan supports thereof, for the purpose of sale, any design which is the same as or which is a fraudulent or obvious imitation of the said Registered
Designs;
b) granting a permanent injunction, restraining the defendant by itself, its servants and agents and anyone claiming through or under the defendant from committing piracy of the plaintiff's Registered Designs Nos.184195 and 184197 in Class 1 by importing, for the purpose of sale, gas stoves or pan supports thereof, having applied to them the said Registered Designs Nos.184195 and 184197 or any fraudulent or obvious imitations thereof;
c) directing the defendant to pay to the plaintiff, for the piracy committed by the defendant with respect to the said Registered Designs Nos.184195 and 184197 in Class 1 a sum equivalent to the profits earned by the defendant through the sale of the offending gas stoves and pan supports;
d) in the alternative, directing the defendant to pay to the plaintiff such sum, as this Hon'ble Court may determine, by way of damages for the piracy committed by the defendant with respect to the said Registered Designs Nos.184195 and 184197 in Class 1;
e) directing the defendant to surrender to the plaintiff, for destruction, all gas stoves and pan supports bearing the said offending designs, lying with the defendant or in its custody and
f) directing the defendant to pay to the plaintiff the costs of this suit.
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2. Mr.K.Harish, learned counsel appearing for the plaintiff would
submit that he has got instructions to withdraw the suit.
3. The statement of the counsel is recorded and the suit is dismissed
as withdrawn. No costs.
Sd./-(R.S.M.J.,) 06.07.2021
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.,)
06.07.2021
//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.
2 issues framed by the court
Whether to allow the plaintiff to withdraw the civil suit regarding registered designs.
What the appropriate order is when a suit is withdrawn ex parte.
3 provisions across 3 enactments
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
