JUDGMENT :

T.S.Sivagnanam, J.

(Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of OS Rules read with Section 15 of LETTERS PATENT against the judgment and decree dated 10.06.2020 made in C.S.No.231 of 2013.)

1. This appeal by the plaintiff is directed against the judgment and decree in C.S.No.231 of 2013, dated 10.06.2020.

2. The appellant/plaintiff, M/s.ITC Limited, filed the suit against the respondent/defendant, M/s.Nestle India Limited, for a judgment and decree

(a) for permanent injunction restraining the respondent/defendant by themselves, their Directors, Principal Officers, successors-in-business, assigns, servants, agents, distributors, retailers, stockists, advertisers or any one claiming through them from in any manner passing off or enabling others to pass off their products, i.e., noodles as and for the plaintiff's noodles by use of the offending mark MAGICAL MASALA or any mark similar to the plaintiff's mark MAGIC MASALA or any other manner whatsoever;

(b) the respondent/defendant be ordered to surrender to the appellant/plaintiff for the purpose of destruct