C.S.(Comm. Div.)No.
179 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.11.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.(Comm. Div.)No.179 of 2022
and
O.A.Nos.542 to 544 of 2022 & A.No.3761 of 2022
in
C.S.(Comm. Div.)No.179 of 2022
Aasife Biriyani (P) Ltd.,
Glrs No.35, D.No.11/3Q,
Railway Station Road
Alandur, Chennai-600 016
Tamil Nadu, India. .. Plaintiff
Vs.
ALIF FOODS
Old No.51/7, 51/3f, 51/3b
New Survey No.86/4 and 86/7
Poonamalle High Road
NoombalMadula Velapanchavadi
Chennai-600 077
Tamil Nadu, India. ..
Defendant
This Civil Suit is preferred, under Order VII Rule 1 of CPC read
with Order IV Rule 1 of O.S. Rules read with Sections 27, 29, 134 and
135 of Trademark Act, 1999, Sections 51, 55 and 62 of the Copy Right
Act, 1957, praying
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C.S.(Comm. Div.)No.179 of 2022
(i) Permanent injunction restraining the defendant, all his principal
officers, staff, men, agent, servants, successors, assigns in business,
representatives and any other person from infringing the registered
trademark "AASIFE" of the plaintiff having registration Number
3768877, or any other word / words / logo / artistic work / design /
device that are identical or deceptively similar to the said registered
trademark of the plaintiff in Class 43, and thereby restraining the
defendant from infringing the registered trademark of the plaintiff, in any
manner;
(ii) Permanent injunction restraining the defendant, all his
principal officers, staff, men, agent, servants, successors, assigns in
business, representative and any other person passing off his / their
services by using the word mark "Aasifaa Biriyani" or label work
"AASIFE", artistic work or any other word / words / logo / artistic work
/ design / device that are identical or deceptively similar to the said mark
of the plaintiff in respect of providing food and drinks, temporary
accommodation, and thereby restraining the defendant in any manner
from passing off;
(iii) Permanent injunction restraining the defendant, all his
principal officers, staff, men, agent, servants, successors, assigns in
business, representatives and any other person from violating the
copyright of the plaintiff by using the artistic work or any other logo /
artistic work / design / device that are identical or deceptively similar to
the said copyright of the plaintiff, and thereby restraining the defendant
from in any manner violating the copyright of the plaintiff;
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(iv) A preliminary decree be passed in favour of the plaintiffs
directing the defendant to render a true and faithful accounts of all profit
made by them, using the plaintiff's said Trademark & Copyright and a
final decree be passed in favour of the plaintiff for the amount of profit
thus found to have been made by the defendant, together with interest,
after the defendant has rendered accounts;
(b) and costs of suits;
For Plaintiff : Mr.Ramesh Ganapathy
M/s.Mission Legal (Law Firm)
For Defendant : Mr.R.Sathish Kumar
JUDGMENT
This consent judgment and common order will now dispose of the
captioned main suit and captioned four applications.
2. In this judgment / order, parties shall be referred to by their
respective ranks in the main suit for the sake of convenience and clarity.
3. Today, captioned matter is listed under the cause list caption
'FOR REPORTING SETTLEMENT'.
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C.S.(Comm. Div.)No.179 of 2022
4. Mr.Ramesh Ganapathy along with Ms.Hansika .N, learned
counsel of M/s.Mission Legal (Law Firm) for plaintiff company and
Mr.R.Sathish Kumar, learned counsel on record for lone defendant are
before this Commercial Division.
5. Learned counsel on both sides submit in one voice that lis has
since been settled between the plaintiff company and defendant. It is
further submitted by both sides in unison that the parties have reduced
the terms of settlement to writing by way of an agreement captioned
'JOINT COMPROMISE MEMO FILED BY THE PARTIES' and dated
14.11.2022 [hereinafter 'said JMOC' for the sake of convenience and
clarity].
6. Aforementioned both learned counsel make a further joint
request that the captioned suit may please be disposed of by way of a
compromise decree in terms of said JMOC.
7. To be noted, a scanned reproduction of said JMOC (together
with annexures and docket) is as follows:
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8. Both learned counsel also submit that the captioned
applications can be closed as a sequitur. As regards the presence of
parties, both sides make a request for dispensing with presence of parties
and make the following submissions in this regard:
(a) parties have difficulty in being present before
this Commercial Division today owing to personal
reasons;
(b) said JMOC was signed by both sides in the
presence of one another;
(c) Mr.C.Y.Aasifie, Managing Director of plaintiff
company who has signed / verified the pleadings i.e.,
plaint and Mr.A.Noor Ali, who has signed the
defendant's Vakalatnama in his capacity as partner of
defendant firm has signed said JMOC also.
9. This Court has perused the signatures in the plaint, vakalatnama
and said JMOC.
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C.S.(Comm. Div.)No.179 of 2022
10. Considering the nature of the suit, the trajectory the matter has
taken besides the nature of said JMOC i.e., terms of compromise that
have been arrived at, in this case prayer for dispensing with the presence
of parties is acceded to.
11. The sequitur is, captioned main suit will stand decreed in terms
of said JMOC which shall now form part of judgment / decree.
Consequently, captioned four applications are closed. There shall be no
order as to costs.
17.11.2022
Index : Yes/No
Speaking/Non-speaking order
mk
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C.S.(Comm. Div.)No.179 of 2022
M.SUNDAR, J.
mk
C.S.(Comm. Div.)No.179 of 2022
and
O.A.Nos.542 to 544 of 2022 & A.No.3761 of 2022
in
C.S.(Comm. Div.)No.179 of 2022
17.11.2022
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