2024:MHC:5662

C.S.No.85 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment Reserved on : 21.08.2023

Judgment Pronounced on : 25.09.2023

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA

C.S.No.85 of 2023

M/s.Kaleesuwari Refinery Private Limited,

Represented by its Authorised Signatory,

Mr.A.Saravanan,

Senior manager (legal)

....

Plaintiff

Vs.

Akshay A

Youtube Channel, 'DiCapScoop”

....

Defendant

Prayer : Civil Suit filed under Order IV Rule 1 of CPC and Order IV Rule 1 of

the Madras High Court O.S.Rules praying for a judgment and decree against the

defendant for the following relief:

(a) directing the defendant to pay the sum of Rs.1,00,00,000/-(Rupees

one Crore only) from the date of plaint till the date of payment,

towards the damages and compensation to the plaintiff.

(b) for permanent injunction, restraining the defendant and their men

and agents from in any manner making, uploading, writing, printing,

publishing, broadcasting, distributing or disseminating in print media

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C.S.No.85 of 2023

or electronic media or Internet media or any form whatsoever any

defamatory material, statements, continuing in uploading, publishing

including the purported/video/audio any material or statement, and to

remove/ delete the false and defamatory video /audio in all platforms

relating to or arising from, relate-able to, the plaintiff's brand which is

affecting and damaging the name and reputation of plaintiff's brand in

any manner.

For Plaintiff

: Mr.Vijayan Subramanian

For Defendant

: Ex- Parte

JUDGMENT

This Civil Suit has been filed for seeking a relief of recovery of a sum

of Rs.1,00,00,000/- (Rupees one Crore only) from the defendant along with

interest from the date of plaint till the date of payment, towards the damages

and compensation to the plaintiff and also to grant permanent injunction,

restraining the defendant and their men and agents from in any manner making,

uploading, writing, printing, publishing, broadcasting, distributing or

disseminating in print media or electronic media or Internet media or any form

whatsoever any defamatory material, statements, continuing in uploading,

publishing including the purported/video/audio any material or statement, and

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C.S.No.85 of 2023

to remove/ delete the false and defamatory video /audio in all platforms relating

to or arising from relate to the plaintiff's brand which is affecting and damaging

the name and reputation of plaintiff's brand in any manner.

2. The plaintiff is a leading market leader in the refined sunflower oil

(RSO) and edible oil sector. He has been marking the product with its brand by

name ' Gold Winner' over 30 years from 1993. The plaintiff manufactures and

packs various edible oils such as sunflower oil, groundnut oil, palm oil, olive oil,

blended oil (olive + corn combo) etc., with its well known trade mark namely

'Gold Winner'. The plaintiff has also filed an application for registration of trade

mark for other edible oil products. The plaintiff is also in the business of

manufacturing, marketing and selling lamp oil, agricultural products, food

products, dals, dairy products, cosmetic products etc. The plaintiff has its

factories in Palani, Tamil Nadu and in Tumkur, Karnataka from where he

manufactures and markets these products. The plaintiff's Vengaivasal factory

has also been certified as ISO 9001:2008, HACCP and ISO 2200:2005. The

plaintiff's product is of high standard quality and earns good Will and reputation

among the customers. As on today, the plaintiff is one of the premier in Edible

Oil sector. The plaintiff was finding it hard against the unfair trade practice

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C.S.No.85 of 2023

adopted by his competitors who attempted to sell their products through

dubious manner by imitating their product as 'Good Winner'.

2.1. The defendant is