VARI MULTIPLAST INDIA(P) LTD. Vs. V.KUMUDHA

JUDGEMENT

(1.) The suit has been filed for the following reliefs:

(2.) Initially, this Court had granted interim injunction in favour of the plaintiff and thereafter two vacate injunction petitions have been filed, taking note of the fact that the parties are non other than own brothers and sister-in-law, this Court directed both of them to mediate the matter before Mr.M.K.Kabir, Senior Advocate as Mediator. In view of certain differences, the dispute between the parties could not be sorted out in the mediation and the matter has been referred again before this Court. Before this Court, both the parties have agreed and settled the matter and also filed a memo dated 25.10.2019, which was duly signed by them and their respective counsels. On perusal of the said memo, it is seen that both the plaintiff and the first defendant have designed the different label mark for the usage in their business. Based on such memo, this Court has recorded their label marks as agreed by the parties by its order dated 24.10.2019. Since the dispute among the family members that both have agreed to have different marks viz., the logo, along with the registered trademark ''VV National, which the plaintiff has adopted to use in respect of their product and the logo along with the trademark, ''CV National'', which the first defendant purported to use in respect of their product. Both the marks have been appended in the order dated 24.10.2019 clearly setting out their respective logos and trade marks to use in respect of their products, they have not filed any such memo today. Therefore, this Court is of the view that in view of mutual terms of the parties before this Court agreeing and using separate trade marks for their respective businesses, which have been already incorporated by this Court in its order dated 24.10.2019, the suit itself can be disposed of in terms of Order XII Rule 6. Therefore, nothing survives for adjudication in this suit.

(3.) This Court has passed the following order by its order dated 24.10.2019, which is extracted hereunder: