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2022 Supreme(Mad) 424

MUNISHWAR NATH BHANDARI, P.D.AUDIKESAVALU
Tirumala Milk Products Private Limited – Appellant
Versus
Tirumala Daairy Limited, rep. by its Director Suresh Dnyanobarao Kute – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P.V.Balasubramanian, Mr. Abraham Prabhu for M/s.VAT Legal
For the Respondent: Mr. AR.L.Sundaresan Senior Counsel for Mr. A.K.Balaji

ORDER :

P.D.AUDIKESAVALU, J.

These intra-Court appeals invoking Clause 15 of the Letters Patent, 1865 (hereinafter referred to as 'the Letters Patent' for short) read with Section 13 of the Commercial Courts Act, 2015 (hereinafter referred to as 'the Commercial Courts Act' for short) arise out of interlocutory orders passed in C.S. (Comm. Div.) No. 190 of 2020 on the file of the Original Side of this Court.

2. The parties are hereinafter referred to as per their description in the suit for the sake of clarity and convenience.

3. The sequence of events leading to the filing of these appeals are narrated below :-

    (i) The Plaintiff, which is a Private Limited Company, incorporated under the Companies Act, 1956, with its sales office at No. 125, 1st Floor, 7th Cross Street, Senthil Nagar, Chennai - 600099 laid the suit in C.S. (Comm. Div.) No. 190 of 2020 on 13.08.2020 in the Commercial Division of the Original Side of this Court, against the Defendants, who are having their respective offices in the State of Maharastra, for perpetual injunction restraining the Defendants from using the trade mark of the Plaintiff 'THIRUMALA/THIRUMALA MILK' or components thereof, or any other mark(s) decept

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