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2021 Supreme(Mad) 550

R.SUBBIAH, C.SARAVANAN
Pathanjali Ayurved Limited Represented by its Director, New Delhi – Appellant
Versus
Arudra Engineers Private Limited Represented by its Managing Partner R. Natraj – Respondent


Advocates Appeared:
For the Appellants :C. Aryama Sundarm, Senior Counsel assisted by Rohini Musa, Simranjeeth Singh, M/s. P. Giridharan, Sathish Parasaran, Senior Counsel assisted by Simranjeeth Singh, M/s. P. Giridharan, S. Santhosh, Advocates.
For the Respondent:P.R. Raman, Senior Counsel, C. Seethapathy, Advocate.

JUDGMENT :

R. Subbiah, J.

Prayer: 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.

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 trademark singularly or in conjunction with any words or monogram/s/logo/s upon and in relation to their product/business in any manner whatsoever pending disposal of the suit.

2. The appellants are the defendants in the suit. The respondent-Company is the plaintiff, w

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