C.R.P.No.2919 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

: 16.09.2022

PRONOUNCED ON

: 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

C.R.P.No.2919 of 2022

and C.M.P.No.15841 of 2022

1.TirumalaaDaairy Limited,

Rep. by its Director Suresh Dnyanobaraokute,

S.No.406 & 407, at Nimbhore,

Post Surwadi Taluka,

PhaltanSatara, Satara,

Maharastra-415523

2.Tirumalaa Fresh Daairy Farms Pvt Ltd,

..

Rep. by its Director Archana Suresh Kute,

S.No.406 & 407, at Nimbhore,

Post Surwadi Taluka,

PhaltanSatara, Satara,

Maharastra-415523.

3.Suresh Dnyanobarakute

Director - Fresh N Natural Dairy Farms (P) Ltd.

Radha Cloth Center,

Hirabaichowk, Beed,

Maharastra-431122.

4.Archana Suresh Kute,

Director-Fresh N Natural Dairy Farms (P) Ltd,

Radha Cloth Center,

Hirabaichowk, Beed, Maharastra

...Petitioners

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C.R.P.No.2919 of 2022

Vs.

Tirumala Milk Products Private Limited,

Registered Office at New No:75/B,

200 Feet Ring Road, Tirumalai Nagar Extention,

Pooniammanmedu, Chennai-600 110,

Rep by its

Manager (Legal), Mr.S.Mukundh

.. Respondents

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of

India, praying to set aside the order dated 08.07.2022 passed by the learned

Judge in I.A.No.06 of 2022 in Commercial O.S.No.73 of 2022 on the file of

Principal District Judge at Tiruvallur.

For Petitioners

: M/s.V.Lakshmi Narayanan

for M/s.A.K.Balaji

For Respondent

: M/s.P.V.Balasubramaniam

for M/s.VAT Legal

O R D E R

The present Civil Revision Petition is filed challenging the order passed

by the Principal District Judge, Thiruvallur dismissing the petition to reject the

plaint filed by the revision petitioners.

2. The respondent/plaintiff filed a suit against revision

petitioners/defendants in O.S.No.73 of 2022 on the file of the Principal District

Judge, Thiruvallur under Order 7, Rule 1 of Civil Procedure Code read with

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C.R.P.No.2919 of 2022

Section 134 and 135 of the Trade Marks Act. Seeking a relief of permanent

injunction restraining the Revision Petitioners/Defendants from using

Respondent/Plaintiff's trade mark “Thirumala/ Thirumala-milk”. The

respondent also prayed for permanent injunction against the revision petitioners

from passing of their business or milk and dairy products by restraining them

from using plaintiff's trade mark “Thirumala /Thirumala-milk” and other reliefs.

The revision petitioners after entering appearance filed a petition for rejection of

the plaint on following grounds.

a) The Court below namely Principal District Court, Thiruvallur has no

territorial jurisdiction to entertain the suit having regard to the fact, the cause of

action for filing the suit arose at Maharastra. But not within the territorial

jurisdiction of the Court before which the plaint was presented.

b) The respondent/plaintiff suppressed the material facts regarding the

order passed by the 1^st Bench of the Madras High Court directing the

respondent to present the plaint before the proper court having the territorial

jurisdiction.

c) The respondent amended the prayer clause E without leave of the

Court.

d) The present suit is barred under Order 7 Rule 11(d) of Civil Procedure

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C.R.P.No.2919 of 2022

Code as respondent presented a fresh suit before the Principal District Court,

Thiruvallur instead of representing the plaint as directed by the High Court. In

Nut Shell presenting a new suit without representing earlier plaint as directed by

the High Court would amount to abuse of process of the Court.

3. The revision petitioners filed a counter and opposed application for

rejection of the plaint. The respondent had