NARASUS SAARATHY ENTERPRISES PRIVATE LIMITED REP BY ITS MANAGING DIRECTOR M V BALASUBRAMANIAM Vs. NARASUS COFFEE COMPANY LIMITED

JUDGEMENT

(1.) Civil Revision Petition is filed to strike off the original plaint in O.S.No.86 of 2015 on the file of the Principal District Court, Salem.

(2.) The petitioner is the 11th defendant, first respondent is the plaintiff and respondents 2 to 11 are the defendants 1 to 10 in O.S.No.86 of 2015 on the file of the Principal District Court, Salem. The petitioner has filed present civil revision petition to strike off the plaint in O.S.No.86 of 2015.

(3.) (i) According to the petitioner, first respondent earlier filed C.S.Nos.291 of 2007 and 698 of 2011 in this Court for the very same relief as claimed in the present suit. In C.S.No.291 of 2007, first respondent claimed permanent injunction restraining the petitioner and defendants 3, 9 and 10 therein from using the Trade mark "Narasus" {word per se} along with or independent of the device of lady holding a cup within a circle for infringement of Trade mark, passing off, infringement of copy right and consequential reliefs.