IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 21.01.2022

DELIVERED ON : 31.01.2022

CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI,

ACTING CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

O.S.A.(CAD) NOS.97, 111, 5 AND 4 OF 2021

O.S.A.(CAD) NOS.97 AND 111 OF 2021

Tirumala Milk Products Private Limited,

No.125, 1^st Floor,

7^th Cross Street,

Senthil Nagar,

Chennai - 600 099,

rep. by its Manager (Legal),

S.Mukundh.

... Appellant

.Vs.

1. Tirumala Daairy Limited,

Rep. by its Director,

Suresh Dnyanobarao Kute,

S.No.406 & 407 at Nimbhore,

Post Surwadi Taluka,

Phaltan Satara, Satara,

Maharashtra - 415 523.

2. Tirumalaa Fresh Daairy Farms Pvt. Ltd.,

Rep. by its Director,

Archana Suresh Kute,

S.No.406 & 407 at Nimbhore,

Post Surwadi Taluka,

Phaltan Satara, Satara,

Maharashtra - 415 523.

3. Suresh Dnyanobarao Kute,

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

Radha Cloth Centre,

Hirabai Chowk,

Beed, Maharashtra - 431 122.

https://hcservices.ecourts.gov.in/hcservices/

4. Archana Suresh Kute,

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

Radha Cloth Centre,

Hirabai Chowk, Beed,

Maharashtra - 431 122.

... Respondents

O.S.A.(CAD) NOS.5 AND 4 OF 2021

1. Swaraj India Industries Limited,

Rep. by its Director,

Suresh Dnyanobarao Kute,

S.No.406 & 407 at Nimbhore,

Post Surwadi Taluka,

Phaltan Satara, Satara,

Maharashtra - 415 523.

2. Fresh N Natural Dairy Farms (P) Ltd.,

Rep. by its Director,

Archana Suresh Kute,

S.No.406 & 407 at Nimbhore,

Post Surwadi Taluka,

Phaltan Satara, Satara,

Maharashtra - 415 523.

3. Suresh Dnyanobarao Kute,

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

Radha Cloth Centre,

Hirabai Chowk, Beed,

Maharashtra - 431 122.

4. Archana Suresh Kute,

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

Radha Cloth Centre,

Hirabai Chowk, Beed,

Maharashtra - 431 122.

... Appellants

.Vs.

Tirumala Milk Products Private Limited,

No.125, 1^st Floor, 7^th Cross Street,

Senthil Nagar, Chennai - 600 099,

rep. by its Manager (Legal),

S.Mukundh.

... Respondent

https://hcservices.ecourts.gov.in/hcservices/

PRAYER:-

Appeals filed under Section 13 of the Commercial Courts Act,

2015 and under Order XXXVI Rule 1 of the Original Side Rules

read with Clause 15 of the Letters Patent against the (i) order

dated 19.04.2021 passed in A.No.181 of 2021; (ii) order dated

06.09.2021 passed in Review Petition No.2 of 2021 in A.No.181 of

2021; (iii) common order dated 15.10.2020 passed in O.A.Nos.330

and 331 of 2020 in C.S. (Comm. Div.) No.190 of 2020 on the file

of this Court.

PRAYER IN O.A.NO.330 OF 2020:-

This Application filed under Order XIV Rule 8 of O.S. Rules

read with Order XXXIX Rule 1 and 2 of C.P.C., praying that this

Hon'ble Court be pleased to pass an Interim Injunction

restraining the Respondents or their assigns, successors in

interest,

licensees,

franchisees,

sister

concerns,

representatives, servants, distributors, agents family members,

employees etc., and/or any person or entity acting for or on

behalf of them, from using Applicants, trade mark THIRUMALA/

THIRUMALA MILK components thereof or any other mark(s)

deceptively similar thereto, including TIRUMALA DAAIRY

singularly or in conjunction with any other words or monogram/

logo as a trade mark service mark, corporate name, trade name,

trading style, domain name, website address, electronic mail

identity or in any other manner whatsoever on or in relation to

or any product or diary business including advertising, business

papers, etc., pending disposal of this suit.

PRAYER IN O.A.NO.331 OF 2020:-

This Application filed under Order XIV Rule 8 of O.S. Rules

read with Order XXXIX Rule 1 and 2 of C.P.C., praying that this

Hon'ble Court be pleased to pass an Interim Injunction against

Respondents or their assigns, successors-in-interest, licensees,

franchisees, sister concerns, repre