Court decreed a civil suit filed by Tractors and Farm Equipment Limited against M/s.Shree Gurukripa Hotels Pvt. Ltd., disposing of the matter by enforcing a compromise reached via Joint Compromise Memo dated 10.07.2023.
Suit decreed based on the terms of the Joint Compromise Memo dated 10.07.2023.
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.
C.S.(Comm.Div.).No.110 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S.(Comm.Div).No.110 of 2023 and O.A.Nos.2604 & 2605 of 2023 and A.Nos.421 & 422 of 2023
M/s.Tractors and Farm Equipment Limited Having Registered Office at: 861, Anna Salai, Chennai – 600002 Also carrying business at No.77, Nungambakkam High Road, Chennai-600034 Rep. By its Authorised Signatory.
...Plaintiff
Vs.
M/s.Shree Gurukripa Hotels Pvt. Ltd. Sadguru Fast Foods, Opp. BMC Office, Jewel of Chembur Road No.1 Chembur, Mumbai-400071 Rep. By its authorised signatory ...Defendant
PRAYER: Plaint is filed under under Order VII Rule 1 C.P.C. read with Order IV Rule 1 of High Court Original Side Rules and Sections134 & 135 of the Trademarks Act, 1999, and Section 7 of the Commercial Courts Act, 2015 praying to pass the judgment and decree:-
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C.S.(Comm.Div.).No.110 of 2023
A. For a permanent injunction restraining the Defendant, by themselves, their heirs, legal representatives, successors-in-business, agents, servants, distributors or any one claiming through them from in any manner infringing the Plaintiff's registered trademark TAFE by using the mark TAFE TERRACE CAFÉ BY SADGURU or any other deceptively similar mark in any manner whatsoever causing infringement to the Plaintiff's registered trademark as described in the Schedule to the Plaint.
B. For a permanent injunction restraining the Defendant, by themselves, their heirs, legal representatives, successors-in-business, agents, servants, distributors or any one claiming through them in any manner whatsoever from passing off and enabling others to pass off the Defendant's business as that of the Plaintiff's by using the mark TAFE TERRACE CAFÉ BY SADGURU or any other mark or trade name which is deceptively similar or identical to the Plaintiff's trademark TAFE in any manner whatsoever.
C. Directing the Defendant to surrender to the Plaintiff all the products and stocks with the offending labels, together with the blocks, dies, name boards, sign boards, etc., for destruction.
D. Directing the Defendant to render true and faithful accounts of the profits earned by her through the sale of the products bearing the offending trademark labels and directing payment of such profits to the Plaintiff.
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C.S.(Comm.Div.).No.110 of 2023
E. Directing the Defendant to pay to the Plaintiff a sum of Rs.3,00,000/- as damages for committing acts of infringement of trademark and passing off.
F. Grant such further or other reliefs as this Hon'ble Court may deed it fit and proper under the circumstances of the case.
For Plaintiff : M/s.Y.K.Aiswarya for M/s.Surana & Surana For Defendant : M/s.N.Santosh Nagarajan
JUDGMENT
The plaintiff and the defendant have entered into a compromise which has been reduced into writing in a Joint Compromise Memo dated 10.07.2023. The Joint Compromise Memo is signed by the plaintiff and the defendant and also by their respective counsels. The said Joint Compromise Memo dated 10.07.2023 is taken on file.
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C.S.(Comm.Div.).No.110 of 2023
Compromise Memo dated 10.07.2023. The terms of Joint Compromise Memo signed by the plaintiff and the defendant shall form part and parcel of this judgment and decree. Consequently, connected applications are closed. No Costs.
11.07.2023
Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No shr
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C.S.(Comm.Div.).No.110 of 2023
P.T. ASHA, J,
shr
C.S.(Comm.Div).No.110 of 2023 and O.A.Nos.2604 & 2605 of 2023 and A.Nos.421 & 422 of 2023
11.07.2023
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2 provisions across 2 enactments
M/s.Tractors and Farm Equipment Limited
M/s.Shree Gurukripa Hotels Pvt. Ltd.
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
