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2006 Supreme(Mad) 2344

P.K.MISRA, M.JAICHANDREN
Chanda Softy Ice Cream a partnership concern rep. by its Partner, Egmore & Others – Appellant
Versus
MARS Incorporated & Another – Respondent


Appearing Advocates: For the Appellants:Satish Parasaran, Advocate. For the Respondents:R1, A.A. Mohan, Advocate, R2, No appearance.

Judgment :-

(The Original Side Appeal Nos.69 of 2001 and 70 of 2001, have been filed, against the Order passed by the learned single Judge, dated 29.01.2001, made in Original Application Nos.579 of 1999 and 580 of 1999 in C.S.No.718 of 1999.)

Common Order:

Heard the learned counsel for the appellants as well as the respondent. Since the facts and circumstances in which the Original Applications had been filed being the same both the above mentioned appeals are taken up for hearing and a Common Order is passed.

2. The Original Side Appeal Nos.69 of 2001 and 70 of 2001, have been filed by the appellants herein, against the Order passed by the learned single Judge, dated 29.01.2001, made in Original Application Nos.579 of 1999 and 580 of 1999 in C.S.No.718 of 1999.

3. The plaintiffs in the suit are the respondents in the present appeals.

The respondents herein namely, 'MARS' Incorporated and Milky Way 'Galaxy' of ice creams had filed a Civil Suit in C.S.No.718 of 1999 under the Ordinary Original Civil Jurisdiction of this Court praying for a Judgment and a Decree on the following terms :-

“a) Granting a perpetual order and injunction restraining the defendants by themselves, their partner






































































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