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2022 Supreme(Ker) 437

A. BADHARUDEEN
Alex G. Muricken, S/o. Late C. V. George G. Muricken – Appellant
Versus
Murickens Marketing System LLP Represented By Designated Partner, George G. Muricken – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.HARIKUMAR, VIZZY GEORGE KOKKAT, SREEMUKUND R.
SANDRA SUNNY, ARUN KUMAR M.A
For the Respondent: B.Krishna Mani, Dhanuja M.S, N.V.Sandhya

JUDGMENT :

This is a transfer petition filed by the defendant in C.S.No.1/2021 pending before the Commercial Court (Principal Sub-Court), Kottayam under Section 15(5) of the Commercial Courts Act, 2015 read with Section 24 of the Code of Civil Procedure to transfer the said Suit to the District Court, Kottayam, having jurisdiction. The plaintiffs in the above Suit are the respondents herein.

2. Heard the learned counsel for the petitioner Sri C.Harikumar as well as Sri B.Krishna Mani, appearing for respondents 1 and 2.

3. Short facts: The petitioner is the defendant in Commercial Suit No.1 of 2021 on the file of the Commercial Court (Principal Sub Court), Kottayam. The suit was one filed alleging Trademark infringement and passing off and for a permanent prohibitory injunction against the defendant from using the marks MG AND MURICKENS GROUP, MURICKENS GROUP, MURICKENS, FLYLINE, MG with or without logo, MURICKENS TRADING COMPANY or any other deceptively similar mark and for accounts of profit and damages. The jurisdictional value of the suit is Rs.6,01,000/-(Six Lakh and One thousand only). The dispute in the suit mainly centers around the right of usage of their family name “Muricken

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