Mr Amit Agarwal Sole Proprietor of Ms Seetu Electricals and 1 other v. Mr Shiv Kumar Gupta and 1 other
Case brief
What is this about?
Madras High Court commercial division interlocutory application allowing combination of trade mark infringement and passing off causes of action in one suit; Order XIV Rule 8 Original Side Rules r/w Order II Rule 3 CPC 1908 and Clause 14 Letter Patent; parties: Amit Agarwal / SEETU Electricals / SEETU Orbit Cable India Pvt Ltd v Shiv Kumar Gupta / ADL Orbit Cable (India); marks ORBIT / ADL ORBIT identical goods; counsel Ashok Kumar J. Daga (applicants), Gowtham S. Raman (respondents); consent without prejudice; anti-multiplicity-of-proceedings rationale; application allowed as prayed for; decided 23.04.2025 by Justice Senthilkumar Ramamoorthy.
What did the court decide?
Permission granted to combine the causes of action regarding infringement of trade mark and passing off together in a single suit; the application was allowed as prayed for.