JUDGMENT :

(Prayer: Application is filed under Order XIV Rule 8 of O.S.Rules Read with Order 7 Rule 11(4) of the Civil Procedure Code, 1973, prayed to reject the Plaint in C.S.No.190 of 2020 and impose heavy cost.)

1. The commercial suit is filed to restrain the defendants from infringing the plaintiff-s registered trademark namely Thirumala/Thirumala Milk and from passing off the business of the plaintiff in the milk and dairy products by using the plaintiff’s trademark Thirumala/Thirumala Milk products or any other mark, which is deceptively similar.

2. The Plaint sought to be rejected by the defendants on the ground that the plaintiff does not have any sales office within the jurisdiction of the High Court, Madras. No cause of action arose within the jurisdiction of the High Court, Madras. By misrepresentation and by placing false materials, documents and records the plaintiff has played fraud on the Court.

3. The Plaint averments in brief are that, the plaintiff’s company is a leading Dairy Company in India established in the year 1988. It is the firm present in major states of India such as Tamilnadu, Karnataka, Andhra Pradesh, Telangana, Kerala, Maharashtra and West Bengal. The p