Commercial suit by MRF Limited against a terminated franchisee for breach of franchise agreement, injunction and surrender of machinery and signages. Plaintiff sought leave to withdraw with an endorsement; suit dismissed as withdrawn and court fees ordered refunded.
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2024:MHC:30242024:MHC:3026
C.S. (Comm. Div.) No.101 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
C.S. (Comm. Div.) No.101 of 2024 and O.A.No.387 of 2024
MRF LIMITED
114, Greams Road, Chennai - 600 006 Represented by its Power Agent Mr.P.Pratap Varma
... Plaintiff
Vs.
1. M/s.Sri Badmavathi Tyres
No.125, Rajiv Gandi Salai,OMR, Perungudi, Chennai, Tamil Nadu - 600 096 Represented by its Partner V.Anbazhagan
2. V.Anbazhagan
Partner of M/s.Sri Badmavath Tyres No.125, Rajiv Gandi Salai, OMR, Perungudi, Chennai, Tamil Nadu - 600 096
3. A.Sumathi
Partner of M/s.Sri Badmavathi Tyres No.125, Rajiv Gandi Salai, OMR, Perungudi, Chennai, Tamil Nadu - 600 096
1/6
... Defendants
C.S. (Comm. Div.) No.101 of 2024
Prayer : The plaint is filed under Section 26 of Civil Procedure Code, 1908 read with Order VII Rule I of Civil Procedure Code, 1908 read with Order XXX Rule 1 of Civil Procedure Code & Order IV Rule 1 of Rules of the High Court, 1994 & Section 7 of the Commercial Courts Act, 2015, praying to pass judgment and decree against the defendants on the following terms:
a. Declare that the defendants have violated the terms and conditions of "MRF TYRES AND SERVICE FRANCHISE AGREEMENT" executed on 24.10.2017 by continuing the Franchise business after its termination on 02.01.2024;
b. A permanent injunction restraining the defendants to stop displaying the display boards and signages detailed in Schedule 'C' hereunder, advertising and packaging materials of the plaintiff company, operating manuals and confidential documents of the plaintiff company;
c. Directing the defendants to surrender the dismantled display boards, signages, advertising and packaging materials, operating manuals, software and confidential documents to the plaintiff company and displayed display boards and signages;
d. A permanent injunction restraining the
C.S. (Comm. Div.) No.101 of 2024
defendants from using the machineries detailed in Schedule 'B' & 'B1' hereunder;
e. Directing the defendants to surrender the dismantled machineries to the plaintiff company in its original condition or in the alternative to pay an amount of Rs.43,79,880/- (Rupees Forty Three Lakhs Seventy Nine Thousand Eight Hundred and Eighty Only) being the value thereof to the plaintiff company as consolidated damages, in the event of the failure of the defendants to return the machinery;
f. Directing the defendants to prepare and submit an account of profits made by them by the unlawful use of the Schedule 'B' Machineries of the plaintiff and thereafter to pass a final decree upon ascertaining the accounts, in favour of the plaintiff and against the defendants;
g. Directing the defendants to pay a sum of Rs.10,000/- per day (Rupees Ten Thousand Only) with effect from 04.01.2024 until the defendants have returned the Schedule 'B' and 'C' machineries and display items to the plaintiff company;
h. Directing the defendants to pay unliquidated damages to the tune of Rs.10,00,000/- (Rupees Ten Lakhs Only) for violating the terms and conditions of the "MRF TYRES AND SERVICE FRANCHISE AGREEMENT" dated 24.10.2017;
C.S. (Comm. Div.) No.101 of 2024
i. To appoint an Advocate Commissioner to inspect Schedule A Showroom of the defendants and identify and report the condition of the;
(i). Machineries detailed in Schedule B of the Plaint which is dismantled and retained in Schedule A Showroom of the defendants; and
(ii) Display items and signages detailed in Schedule C dismantled and displayed in Schedule A Showroom of the defendants;
j. For the costs of the suit.
For Plaintiff : Mr.Navod Prasannan Defendants : Mr.D.Vairamoorthy
JUDGMENT
Today (08.07.2024), when the matter is taken up for hearing, the
learned counsel for the plaintiff seeks permission of this Court to withdraw
this Suit and he has also made an endorsement to that effect.
C.S. (Comm. Div.) No.101 of 2024
counsel for the plaintiff, this Suit is dismissed as withdrawan. Consequently, connected application is closed.
directed to refund the Court fees as per Rules, if the plaintiff is otherwise eligible for the same.
08.07.2024
Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2
C.S. (Comm. Div.) No.101 of 2024
P.VELMURUGAN. J.
Ksa-2
C.S. (Comm. Div.) No.101 of 2024
08.07.2024
MRF Limited
M/s.Sri Badmavathi Tyres
V.Anbazhagan
A.Sumathi
P.Velmurugan
As recorded by the court registry
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