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2007 Supreme(Mad) 4343

M.JEYAPAUL
S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. – Appellant
Versus
S. S. P. Durairaj (Firm) and Mr. Durairaj – Respondent


Advocates Appeared:
For the Appellant : Sathish Parasaran, T.V. Ramanujam, for P.C.N. Raghupathy.
For the Respondent: T.V. Ramanujam, for P.C.N. Raghupathy and Sathish Parasaran.

ORDER :

M. Jeyapaul, J.

Seeking interim injunction restraining the respondents and their agents fusing the copy right, using the trade mark and doing the act of passing off, the aforesaid O.A. Nos. 145, 146 and 147 of 2007 have been respectively filed. This Court was pleased to grant ad-interim injunction in absentia of the respondents in respect of the aforesaid reliefs. The respondents have filed Application Nos. 1960, 1962 and 1964 of 2007 seeking to vacate the aforesaid ex-parte order of ad-interim injunction in favour of the applicants. A.Nos.1961, 1963 and 1965 of 2007 have been filed seeking to suspend the ex-parte order of interim injunction granted in favour of the applicants.

2. For the sake of brevity and also to avoid confusion in referring to the respective parties, the plaintiffs are referred as applicants and the defendants are referred as respondents.

3. The sum and substance of the case of the applicants is as follows:

The first applicant is the Managing Director of the second applicant Company and the Joint Proprietor of the trade mark 'UDHAIYAM". The applicants are the traders of all types of food and allied products such as Dhall, Atta, Rava, Maida, Salt. Rice, Spice

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