THALAPPAKATTI NAIDU ANANADA VILAS BIRIYANI HOTEL REP BY ITS PARTNER D NAGASAMY Vs. THALAPPAKATTU BRIYANI FAST FOOD AND INDIAN CHINESE THANDOORI

JUDGEMENT

(1.) Mr.S.Vijayan, learned counsel on record is before this Commercial Division on behalf of the sole plaintiff. Mr.P.T.Perumal, learned counsel for the lone defendant is before this Commercial Division.

(2.) Plaintiff has filed the main suit stating that their business was originally started in 1957 by one Mr.P.Nagasamy Naidu @ Thalappakatti Naidu. It is the further case of the plaintiff that from 1957, plaintiff's predecessor P.Nagasamy Naidu was carrying on business in the name and style of 'Thalappakatti Naidu Ananda Vilas Biriyani Stall' and after the demise of P.Nagasamy Naidu, his son N.Dhanabalan, continued the business in the name 'Thalappakatti Naidu Ananda Vilas Biriyani Hotel' since 1978. To be noted, the change is, the word 'Stall' has been replaced by 'Hotel'. It is the further case of the plaintiff that the plaintiff's business was converted into a partnership firm in April 2002 by inducting some other members of the family as partners.

(3.) It unfurls from the plaint averments and it emerges from the submissions made by learned counsel for plaintiff, that the business of the plaintiff is preparation and serving of Briyani. In other words, plaintiff is in Hotel business. Be that as it may, plaintiff claims that it has acquired enormous popularity for the extraordinary quality, unique flavour, taste and particularly preparation of Briyani, which over a period of time has come to be known as 'Thalappakatti Naidu Biriyani Hotel'. Plaintiff has also averred that they have extended their business to Coimbatore, Dindigul, Bathalagundu and other places due to popular demand.