JITENDRA DAS MAGANTI Vs. MGM HEALTHCARE PVT. LTD.

JUDGEMENT

(1.) The plaintiff promoted and incorporated a company called Sevenhills Hospitals Private Limited (Sevenhills Hospitals') in the year 1988. Later, in 2004, the plaintiff promoted and incorporated another entity, Sevenhills Healthcare Private Limited ('Sevenhills Healthcare'). In order to consolidate the business, Sevenhills Hospitals was merged into Sevenhills Healthcare in the year 2009. In 2009, the plaintiff applied for registration of about five device marks, each containing the words 'SEVEN HILLS'. These registrations were granted and remain in force as on date.

(2.) Sevenhills Healthcare was unable to repay debts due to creditors. A financial creditor, Axis Bank Limited, initiated proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) before the adjudicating authority, i.e. the National Company Law Tribunal, Hyderabad Bench (the NCLT). By order dtd. 13/3/2018, the petition was admitted and, consequently, the company entered the Corporate Insolvency Resolution Process (the CIRP). The defendant submitted a resolution plan, which came to be accepted and sanctioned by order dtd. 10/6/2024. The present suit was filed in the above context seeking relief in respect of alleged infringement and passing off.

(3.) Mr.M.S.Bharath, learned counsel for the plaintiff, invited my attention to the legal use certificates obtained by the plaintiff in respect of the five device marks described in paragraph 11 of the plaint. Therefore, he submits that the plaintiff is undoubtedly the registered proprietor of these trade marks.