O.A.Nos.466 and 467 of 2021

in C.S.No.34 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 25.10.2021

Pronounced on : 29.10.2021

Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

O.A.Nos.466 and 467 of 2021

in

C.S.No.34 of 2021

O.A.No.466 of 2021

Amaravathi Restaurants Private Limited,

No.1, Cathedral Road,

Chennai 600 086,

Rep.by its Chief Financial Officer,

Mr.D.Rami Reddy

... Applicant/Plaintiff

/versus/

Hotel Grand Karaikudi,

East Coast Road,

Nemmeli,

Tamil Nadu 603 104.

... Respondent/Defendant

Prayer:- Original Application has been filed under Order XIV, Rule 8 of O.S.

Rules read with Order XXXIX, Rules 1 and 2 and Section 151 of C.P.C.,

praying to pass an interim injunction restraining the respondent, themselves, its

partners/proprietor as the case may be, successors-in-business, servants, heirs,

servants, agents, representatives and all other persons claiming under them and

through them from passing off and enabling others to pass off respondent's

restaurants and business as and for applicant's restaurants and business by use of

service mark/trade name HOTEL GRAND KARAIKUDI or any name/ mark

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O.A.Nos.466 and 467 of 2021

in C.S.No.34 of 2021

similar to applicant's services mark/trade name KAARAIKUDI CHETTINAD

RESTAURANT or in any other manner whatsoever, pending disposal of the

suit.

For Applicant

:Mr.Arun C.Mohan

For Respondent :Ms.A.L.Ganthimathi

O.A.No.467 of 2021

Amaravathi Restaurants Private Limited,

No.1, Cathedral Road,

Chennai 600 086,

Rep.by its Chief Financial Officer,

Mr.D.Rami Reddy

... Applicant/Plaintiff

/versus/

Hotel Grand Karaikudi,

East Coast Road,

Nemmeli,

Tamil Nadu 603 104.

... Respondent/Defendant

Prayer:- Original Application has been filed under Order XIV, Rule 8 of O.S.

Rules read with Order XXXIX, Rules 1 and 2 and Section 151 of C.P.C.,

praying to pass an interim injunction restraining the respondent, themselves, its

partners/proprietor as the case may be, successors-in-business, servants, heirs,

servants, agents, representatives and all other persons claiming under them and

through them from in any manner providing services, displaying advertising in

all form of media and through internet, under the trade name/trading style

HOTEL GRAND KARAIKUDI in respect of hotel, restaurant and hospitality

service or other allied and cognate service/goods amounting to infringement of

the applicant's registered trademarks KAARAIKUDI and KAARAIKUDI

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O.A.Nos.466 and 467 of 2021

in C.S.No.34 of 2021

CHETTINAD RESTRAUDANT or as being in some way connected with the

applicant and/or in any manner whatsoever, pending disposal of the suit.

For Applicant

:Mr.Arun C.Mohan

For Respondent :Ms.A.L.Ganthimathi

COMMON ORDER

(The case has been heard through Video Conferencing)

The applicant herein is the plaintiff in the suit claiming injunction against

the defendant using the mark 'HOTEL GRAND KARAIKUDI' as infringement

and passing off its registered trademark ‘KAARAIKUDI CHETTINAD

RESTAURANT’ being in use since 1989.

2. These applications are filed for interim injunction pending suit and a

common affidavit filed along with these two applications states:-

(a).The applicant is in the hospitality industry and in the course of the

business, the applicant adopted inter alia the trademark 'KARAIKUDI' in the

year 1989 in respect of restaurants serving Chettinad cuisine both vegetarian

and non-vegetarian. The applicant is part of SAVERA GROUP and is a sister

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O.A.Nos.466 and 467 of 2021

in C.S.No.34 of 2021

concern of M/s.Shyam Enterprises Private Limited. The applicant and its other

sister concerns have an arrangement between them regarding the use of their

trademarks.

(b). The applicant is the registered Proprietor of the word mark

'KARAIKUDI' (Classes 31 and 32), 'KAARAIKUDI' (Classes 29, 30 and 42)

and the devic