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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.NIRMAL KUMAR
K. Mangayarkarasi – Appellant
Versus
N.J. Sundaresan – Respondent
ORDER :
1. The Petitioners are plaintiffs and the Respondent herein is the 1st Defendant in the Suit. The Suit in C.O.S.No.147/2023, is filed the Petitioners / Plaintiffs before the Commercial Court (District Judge Cadre), Coimbatore, seeking for a relief of permanent injunction, restraining the Respondent / 1st Defendant, his men, agent, power agent, representative, etc., from interfering or using the Plaintiff's Trademark of “SRI ANGANNAN BIRIYANI HOTEL” or “ABH SRI ANGANNAN HOTEL” or any other name format signifying the term, “ANGANNAN.” and to pay damages of Rs.20,00,000/- for the loss that the plaintiffs incurred due to the use of the Trademark in Application No.6440505 of “SRI ANGANNAN BiRIYANI HOTEL.”
2. Pending Suit, the 1st Respondent / 1st Defendant filed an Application in I.A.No.9 of 2023, praying to refer the parties to Arbitration. The said Application was allowed by the Commercial Court, District Judge, Coimbatore. Aggrieved over the same, the Petitioners filed the present Civil Revision Petition along with Civil Miscellaneous Petitions.
3. Mr.Arun C Mohan, the learned counsel appearing for the Petitioners / Plaintiffs would submit that the Court below ought to have cons
Allegations of fraud do not negate arbitration clauses unless proven to affect the validity of the entire agreement, thus allowing disputes to be referred to arbitration.
A valid arbitration agreement compels parties to arbitrate disputes arising from it, regardless of allegations of fraud if they pertain to internal matters, reinforcing arbitration's role in resolvin....
Decree for permanent injunction - Cancelled Assignment of trademark - Termination of Agreement - Assignment of trademark is by a contract and not by a statutory act. It does not involve any exercise ....
A court can refer disputes to arbitration under Section 8 of the Arbitration Act if a valid arbitration agreement exists, even if issues relate to non-arbitrable rights, provided they stem from contr....
A party cannot take contradictory stands in the same case and cannot be permitted to approbate and reprobate on the same facts. Both parties must be ad idem for arbitration to proceed.
The question of arbitrability falls within the jurisdiction of the Arbitral Tribunal and can be examined at the stage of challenge under Section 34 of the Act.
The court emphasized the arbitrability of certain disputes and the grant of injunctions based on a prima facie case of unauthorized trademark use.
The main legal point established in the judgment is that serious allegations of fraud and the pending criminal case against a party may make it improper to refer disputes to arbitration, leading to t....
An assignment of a trademark must be made in accordance with the provisions of the Trade Marks Act, 1999, and any irregularities or suspicious circumstances surrounding the assignment may render it i....
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