Ms Ckr Retail Private Limited Vs Ms Sipra Nanda Sole Proprietor… — Arbitration | Madras HC (2025)

Ms Ckr Retail Private Limited Vs Ms Sipra Nanda Sole Proprietor… — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

Interim injunction granted on 09.04.2025 made absolute: the respondent and her men, agents, servants, authorised signatories and relatives are restrained from using the brand name 'Green Trends' situated at No.1508, Puri Canal Road, Hanspal, Naharkanta, Bhubaneswar, Odisha - 752101; application allowed as prayed for.

Issue for consideration

Whether the interim injunction granted on 09.04.2025 in this application, restraining the respondent from using the brand name 'Green Trends', should be made absolute, in view of the respondent having been set exparte after due service of notice.

Court's answer

Despite due service of notice on the respondent (confirmed by affidavit of service with delivery report) and the respondent's name being printed in the cause-list, no one entered appearance on her behalf; accordingly, the respondent was set exparte by the Court.

Ratio / Principle

Since the respondent was set exparte, the interim injunction granted by the Court on 09.04.2025 in this application was made absolute and the application was allowed as prayed for.

Detailed headnote1 paragraphs

High Court of Judicature at Madras (Abdul Quddhose, J.), Original Application No. 364 of 2025, decided 04.06.2025. Application under Order XIV Rule 8 Original Side Rules read with Section 9(2)(a)(d) of the Arbitration and Conciliation Act, 1996 by M/s.CKR Retail Private Limited (previously M/s.Cavinkare Private Limited), represented by its Director Mr.R.Gopalakrishnan, seeking interim injunction restraining the respondent, Ms.Sipra Nanda, and her men, agents, servants, authorised signatories and relatives from using the brand name 'Green Trends' at No.1508, Puri Canal Road, Hanspal, Naharkanta, Bhubaneswar, Odisha - 752101. Notice was duly served (affidavit of service with delivery report filed) and the respondent's name was printed in the cause-list, but no one appeared; the respondent was set exparte. The interim injunction operating since 09.04.2025 was made absolute and the application was allowed as prayed for.

Original Application No. 364 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE

Original Application No. 364 of 2025

M/s.CKR Retail Private Limited (previously known as M/s.Cavinkare Private Limited) Represented by its Director Mr.R.Gopalakrishnan Having its registered office at No.12 Cenotaph Road, Teynampet Chennai – 600018. … Petitioner

Vs.

Ms.Sipra Nanda … Respondent

PRAYER : Original Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(2)(a)(d) of the Arbitration and Conciliation Act, 1996, praying to grant an order of interim injunction restraining the respondent or their men, agents, servants, authorised signatories, relatives from using the brand name ''Green Trends'' situated at No.1508, Puri Canal Road, Hanspal, Naharkanta, Bhubaneswar, Odisha – 752101.

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Original Application No. 364 of 2025

For Applicant : Mr.M.Dhanush For Respondent : Set exparte

O R D E R

Notice sent to the respondent has been duly served. The

affidavit of service enclosing a delivery report has been filed. The same confirms that the respondent has received the notice. The name of the respondent is also printed in the cause-list today. Despite service of notice on the respondent, no one has entered appearance on behalf of the

respondent. Hence, the respondent is set exparte by this Court.

2. The applicant is having the benefit of the order of interim injunction in this application since 09.04.2025. Since the respondent has been set exparte by this Court, the interim injunction granted by this Court on 09.04.2025 in this application is made absolute and this application is allowed as prayed for.

04.06.2025

Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No Maya

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Original Application No. 364 of 2025

ABDUL QUDDHOSE, J.

Maya

Original Application No. 364 of 2025

Dated : 04.06.2025

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