Ms Ckr Retail Private Limited Vs Ms Creative Comforts — Arbitration | Madras HC (2025)

Ms Ckr Retail Private Limited Vs Ms Creative Comforts — Arbitration | Madras HC (2025)

What the court decided

AI extract

Outcome

Interim injunction granted on 16.04.2025 made absolute, restraining respondent M/s.Creative Comforts and its men, agents, servants, authorised signatories and relatives from using the brand name 'Green Trends' at Dinabandhu Kutira, Gandhi Marg, Near Hanuman Temple, Amalapada, Angul Town, District Orisha – 759 122, pending disposal of the Arbitration; application allowed as prayed for; no costs.

Issue for consideration

Whether an order of interim injunction should be granted restraining the respondent (or their men, agents, servants, authorised signatories, relatives) from using the brand name 'Green Trends' at Dinabandhu Kutira, Gandhi Marg, Near Hanuman Temple, Amalapada, Angul Town, District, Orisha – 759 122, pending disposal of the Arbitration. +1 more

Ratio / Principle

The respondent, though duly served with notice (with the service recorded in the Court's order dated 02.06.2025), chose not to enter appearance in the application; the Court therefore set the respondent ex parte.

Key takeaways

Since the respondent had been set ex parte, the interim injunction granted by the Court on 16.04.2025 (restraining the respondent from using the brand name 'Green Trends') was made absolute, and the Original Application was allowed as prayed for, with no order as to costs.ratio¶20

Detailed headnote1 paragraphs

MADRAS HIGH COURT – Original Application No. 378 of 2025 (Abdul Quddhose J., 09.06.2025): Interim-injunction application filed 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 known as M/s.Cavinkare Private Limited) seeking to restrain respondent M/s.Creative Comforts and its men, agents, servants, authorised signatories and relatives from using the brand name 'Green Trends' at Dinabandhu Kutira, Gandhi Marg, Near Hanuman Temple, Amalapada, Angul Town, District Orisha – 759 122, pending disposal of the Arbitration. Following the Court's direction of 02.06.2025, notice was duly served on the respondent and recorded, but the respondent did not enter appearance and was set ex parte. The interim injunction in the applicant's favour since 16.04.2025 was made absolute and the application was allowed as prayed for, with no order as to costs.

Original Application No. 378 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE

Original Application No. 378 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.

M/s.Creative Comforts Represented by its Partner Mr.Sukanta Nanda Having its registered office at Plot No.150, Canal Road Bhubaneswar, Odisha – 751006. … 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 Dinabandhu Kutira, Gandhi Marg, Near Hanuman Temple,

Page 1 of 3

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

Original Application No. 378 of 2025

Amalapada, Angul Town, District, Orisha – 759 122 pending disposal of the Arbitration.

For Applicant : Mr.Vijayan Subramanian For Respondent : Set exparte

O R D E R

As directed by this Court on 02.06.2025, the Registry has printed

the name of the respondent in the cause-list today. The respondent has been duly served with the notice in this application. The same has also been recorded in this Court order dated 02.06.2025. Despite the service of notice on the respondent, they have chosen not to enter appearance in

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

2. The applicant is having the benefit of interim injunction in this application since 16.04.2025. Since the respondent has been set exparte by this Court, the interim injunction granted by this Court on 16.04.2025 is made absolute and this application is allowed as prayed for. No costs.

09.06.2025

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

Page 2 of 3

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

Original Application No. 378 of 2025

ABDUL QUDDHOSE, J.

Maya

Original Application No. 378 of 2025

Dated : 09.06.2025

Page 3 of 3

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