SEKAR REPORTER

Court News from Madras High Court

O.S.A.No.169 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS Judgment Reserved on : 10.11.2020 Judgment Delivered on : 02.02.2021 Coram: THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN O.S.A. No. 169 of 2020 and C.M.P. Nos. 8510, 9187 and 9188 of 2020 — 1. M/s.Pathanjali Ayurved Limited Represented by its Director Having its registered office at D-26, Pushpanjali Bijwasan Enclave New Delhi-110 061, India. 2. Divya Yog Mandir Trust, Represented by its Trustee,

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[2/6, 18:31] Sekarreporter1: O.S.A.No.169 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Judgment Reserved on : 10.11.2020
Judgment Delivered on : 02.02.2021
Coram:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE C.SARAVANAN
O.S.A. No. 169 of 2020
and
C.M.P. Nos. 8510, 9187 and 9188 of 2020
—
1. M/s.Pathanjali Ayurved Limited
Represented by its Director
Having its registered office
at D-26, Pushpanjali Bijwasan Enclave
New Delhi-110 061, India.
2. Divya Yog Mandir Trust,
Represented by its Trustee,
Having Office at Patanjali Yog Peeth,
Maharishi Dayanand Gram,
Delhi Haridwar National Highway,
Near Bahadrabad,
Haridwar-249 402, Uttarakhand. .. Appellants
Versus
Arudra Engineers Private Limited
Represented by its Managing Partner
Mr.R.Natraj
Having its Office at
No.79, Valmiki Street
Thiruvanmiyur
Chennai-600 041. .. Respondent
P age No.1 / 78
https://www.mhc.tn.gov.in/judis/
[2/6, 18:32] Sekarreporter1: O.S.A.No.169 of 2020
Original Side Appeal (OSA) filed under Order XXXVI Rule 9 of the
Original Side Rules of the Madras High Court, read with Clause 15 of the
amended Letters Patent, 1865 and read with Section 13 of the Commercial
Courts, Commercial Division and Commercial Appellate Division of High
Courts (Amendment) Act, 2018, against the order and decree dated 06.08.2020
passed by the learned Single Judge, made in O.A.No.258 of 2020 in
C.S.No.163 of 2020 on the file of this Court.
For appellants : Mr. C. Aryama Sundarm, Senior Counsel
assisted by Ms.Rohini Musa and Mr.Simranjeeth Singh
for M/s.P.Giridharan for Appellant No.1
Mr.Sathish Parasaran, Senior Counsel
assisted by Mr.Simranjeeth Singh
for M/s.P.Giridharan and S.Santhosh for Appellant No.2
For respondent : Mr. P.R.Raman, Senior Counsel
for Mr. C. Seethapathy

JUDGMENT
R.SUBBIAH, J
This appeal has been filed as against the order dated 06.08.2020 passed
in O.A.No.258 of 2020 in C.S.No.163 of 2020, whereby the learned Single
Judge made the interim order granted on 17.07.2020 absolute and restrained
the appellant/defendants herein from infringing the respondent/plaintiff’s
registered trademark bearing the name “Coronil” and from using the
objectionable trademark’s and/or deceptive variation of the applicant’s
P age No.2 / 78
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[2/6, 18:33] Sekarreporter1: O.S.A.No.169 of 2020
interference by granting an interim injunction in their favour.
85. As we do not find that the respondent/plaintiff had made a prima
facie case for grant of interim relief, the balance of convenience was also not
in favour of the respondent/plaintiff for grant of interim relief. The question of
satisfying the 3
rd limb for granting interim injunction, namely irreparable loss
or injury to the respondent/plaintiff, is also not relevant for the same reason.
Therefore, the impugned order passed by the learned single judge is liable to
be set aside. Consequently, the cost imposed on the appellants/defendants is
also liable set aside. Further, dispute between the appellants/defendants and
the plaintiff/respondent being a “commercial dispute” within the meaning of
Section 2(c) of the Commercial Courts Act, 2015 and are to be disposed in a
time bound manner, we are therefore of the view that the suit should be
decided by the Commercial Division of the High Court and disposed in a time
bound manner in terms of the above Act.

86. In the result, we set aside the impugned order dated 06.08.2020
passed in O.A.No.258 of 2020 in C.S.No.163 of 2020 with the above
observations. The Original Side Appeal is allowed. No costs. Consequently,
P age No.76 / 78
https://www.mhc.tn.gov.in/judis/

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