Disposed

M/S. Sri Modern Weigh Systems v. M/S. Nipro Machoi Pvt. Ltd.

Madras HC17 Dec 2024APPEAL(CAD)/10/2024

Case brief

AI extract

What is this about?

This short order disposing of two appeals (CAD) and a common interim application on commercial court matters. The court accepted undertakings from appellants regarding trademark names, dismissed one appellant's appeal, and directed the remaining appellant to pay Rs. 1 lakh to a foundation via a specific bank account. The second appeal was dismissed as withdrawn.

What did the court decide?

Appellants directed to pay Rs. 1 lakh to Medical Research Foundation [Sankara Nethralaya] via HDFC Bank account 00821000087815; Appeal CAD No.10 disposed; Appeal CAD No.13 dismissed as withdrawn.

M/S. Sri Modern Weigh Systems Vs M/S. Nipro Machoi… — Service and Employment | Madras HC (2024)

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Appeal (CAD) Nos.10 and 13 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.12.2024

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CORAM :

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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Appeal (CAD) Nos.10 and 13 of 2024 and C.M.P.Nos.7723 of 2024

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Appeal (CAD) No.10 of 2024 :

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1.M/s.Sri Modern Weigh Systems, rep. by its Proprietor R.Rajkumar

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2.R.Rajkumar,

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Proprietor/Manager/Partner of M/s.Modern Weigh Systems

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3.Ranjithraja M/s.Modern Weigh Systems represented Appellants 1 to 3 have office at No.2, Maruti Complex on Omalur Main Road, opposite the New Bus Stand, Salem-641 025.

.. Appellants

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https://www.mhc.tn.gov.in/judis

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Appeal (CAD) Nos.10 and 13 of 2024

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1.M/s.Nipro MACHOI P. Ltd.,

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rep. by its Director d.Narasimhan,

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No.9, Lakshmi Nagar, Edayarpalayam to Kauvandampalayam Main Road, Edayarpalayam, Coimbatore-641 025.

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2.D.Narasimhan,

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Sole Proprietor, Nipro Weitek,

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No.19, Edayarpalayam to Kauvandampalayam Main Road, Edayarpalayam, Coimbatore-641 025.

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.. Respondents

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Prayer : Appeal under Section 96 of the Civil Procedure Code read with Order XLI of the CPC and under Section 13(1) of the Commercial Courts Act, 2015 against the order and decreetal order dated 24.7.2023 made in I.A.No.2 of 2023 in C.O.S.No.107 of 2023 on the file of the Commercial Court (District Judge Cadre), Coimbatore.

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For Appellants : Mr.S.Sivashanmugam

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For Respondents

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: Ms.Reshma Rajagopal for M/s.M.S.Bharath

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Appeal (CAD) No.13 of 2024 :

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1.M/s.Nipro MACHOI P. Ltd.,

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rep. by its Director D.Narasimhan, No.9, Lakshmi Nagar, Edayarpalayam to Kauvandampalayam Main Road, Edayarpalayam, Coimbatore-641 025.

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_____________ Page 2 of 9_

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https://www.mhc.tn.gov.in/judis

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Appeal (CAD) Nos.10 and 13 of 2024

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2.D.Narasimhan, Sole Proprietor, Nipro Weitek, No.19, Edayarpalayam to Kauvandampalayam Main Road, Edayarpalayam, Coimbatore-641 025.

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.. Appellants

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Vs.

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1.M/s.Sri Modern Weigh Systems, rep. by its Proprietor R.Rajkumar having office at No.2, Maruti Complex, On Omalur Main Road, Opposite the New Bus Stand, Salem-641 025.

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2.R.Rajkumar,

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Proprietor/Manager/Partner of M/s.Modern Weigh Systems No.2, Maruti Complex, On Omalur Main Road, Opposite the New Bus Stand, Salem-641 025.

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3.Ranjithraja

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Proprietor/Manager/Partner of M/s.Modern Weigh Systems No.2, Maruti Complex, On Omalur Main Road, Opposite the New Bus Stand, Salem-641 025.

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.. Respondents

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_____________ Page 3 of 9_

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https://www.mhc.tn.gov.in/judis

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Appeal (CAD) Nos.10 and 13 of 2024

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Prayer : Appeal under Section 96 of the Civil Procedure Code read with Order XLI of the CPC and under Section 13(1) of the Commercial Courts Act, 2015 against the decree and judgment of Commissioner District Court dated 22.2.2024 in C.O.S.No.107 of 2023.

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For Appellants : Ms.Reshma Rajagopal for M/s.M.S.Bharath For Respondents : Mr.S.Sivashanmugam

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COMMON JUDGMENT

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(Delivered by Hon'ble The Chief Justice)

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Appeal (CAD) No.10 of 2024 :

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One V.Rajkumar, who is appellant No.2 and partner of appellant

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No.1, is filing an undertaking dated 16^th December, 2024 for himself and on behalf of appellant No.1 undertaking not to use the trademark name “MACHOI” in future.

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Shri Shivashanmugam, on instructions, states that the

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undertaking would also extend not to use any name, which might even remotely be considered to be deceptively similar to the name “MACHOI”.

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https://www.mhc.tn.gov.in/judis

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Appeal (CAD) Nos.10 and 13 of 2024

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Statement is accepted as an undertaking to this Court.

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At this stage, Ms.Reshma Rajagopal states that her instructions are appellant Nos.1 and 2 registered a trademark name “MAKHOI” which is deceptively similar. Shri Shivashanmugam states the owner of the trademark shall immediately apply for cancellation of the said trademark. Ms.Reshma Rajagopal states that perhaps respondents will be inclined to seek an assignment of that trademark. Shri Shivashanmugam states, if an acceptable offer is made, he would advise appellants to assign the trademark in view of the undertaking as recorded above by this Court.

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Ms.Reshma Rajagopal is pressing for costs.

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Shri Shivashanmugam states his instructions are not to pay any costs, but to give a sum of Rs.1.00 lakh towards charity. Both counsels suggest different charities. Instead of splitting hairs on whose charity should be accepted, we decided to direct appellants to pay the sum of Rs.1.00 lakh (Rupees One Lakh only) to the following account of the

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https://www.mhc.tn.gov.in/judis

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Appeal (CAD) Nos.10 and 13 of 2024

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Medical Research Foundation [Sankara Nethralaya], New No.41, Old

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No.18, College Road, Chennai-600 006:

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Bank Name	: HDFC Bank Limited Nungambakkam Branch No.4, Nungambakkam High Road Chennai-600 034
Account No.	: 00821000087815
Bank IFSC/Code for NEFT	: HDFC 0000082
Branch MICR Code	: 600240006

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The compliance affidavit shall be filed and copy served on respondents within two weeks from today.

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The statement of appellants that appellant No.3 Ranjithraja is no

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more employed with them is accepted. Appeal by Ranjithraja is dismissed.

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Appeal (CAD) No.10 of 2024 is, accordingly, disposed of. There

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shall be no order as to costs. Consequently, interim application also stands disposed of.

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Appeal (CAD) Nos.10 and 13 of 2024

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Appeal (CAD) No.13 of 2024 :

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In view of the above, Ms.Reshma Rajagopal, seeks leave to withdraw Appeal (CAD) No.13 of 2024.

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Appeal (CAD) No.13 of 2024 is dismissed as withdrawn. There shall be no order as to costs.

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(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 17.12.2024 Index : Yes/No NC : Yes/No bbr

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_____________ Page 7 of 9_

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https://www.mhc.tn.gov.in/judis

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Appeal (CAD) Nos.10 and 13 of 2024

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THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

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bbr

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Appeal (CAD) Nos.10 and 13 of 2024

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_____________ Page 8 of 9_

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https://www.mhc.tn.gov.in/judis

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Appeal (CAD) Nos.10 and 13 of 2024

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17.12.2024

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_____________ Page 9 of 9_

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https://www.mhc.tn.gov.in/judis

M/S. Sri Modern Weigh Systems v. M/S. Nipro Machoi Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S. Sri Modern Weigh Systems v. M/S. Nipro Machoi Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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