Aadhar Card of v. Veeramuthu, Proprietor of

O.S.A.(CAD)No. 162 of 2021Mr.N. Surya Senthil along withMs. Y.K. Aiswarya ofM/s. Surana & Surana for R2 & R4R5 & R6 given upJ U D G M E N T(Delivered by M. SUNDAR,J.)This consent judgment/compromise decree will now dispose of captioned intra court appeal i.e, 'Original Side Appeal' ('O.S.A.' for the sake of brevity).2.In the previous listing of the captioned matter on 03.06.2024, we made the following proceedings/order:'Mr.P. Arul Gnana Prakash, learned counsel of M/s. BFS Legal for the appellant and Mr. N. Surya Senthil, learned counsel of M/s.Surana & Surana for respondents 2 and 4 are before us.2.Learned counsel for appellant submits that parties have arrived at a settlement and requests for time to file a Joint Memo of Compromise. 3.To be noted, in today's hearing, there is no representation for respondents 1, 3, 5 and 6. Learned counsel for appellant submits that the 6th respondent is being given up. He has 3\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021also made an endorsement to that effect in the case file. 4.List under the cause list caption `For Recording Memo of Compromise' on 11.06.2024.The aforementioned proceedings/order made in captioned O.S.A. on 03.06.2024 shall be read as an integral part and parcel of this consent judgment/compromise decree.3.Today, Mr. P. Arul Gnana Prakash, learned counsel of M/s. BFS Legal (Law Firm) for sole appellant, Mr.A.K. Samy, learned counsel representing Ms. Vijayalakshmi Rajagopal, learned counsel on record for respondents 1 and 3 and Mr.N.Surya Senthil along with Ms. Y.K. Aiswarya, learned counsel of M/s. Surana & Surana (Law Firm) for respondents 2 and 4 are before us. To be noted, after the earlier proceedings dated 03.06.2024, 6th respondent has been given up/deleted. Today, learned counsel for appellant has made an endorsement in the case file that 5th respondent is given up and a scanned reproduction of the same is as follows:4\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021The aforementioned endorsement is reiterated in the hearing. Owing to this, 5th respondent also stands deleted. 4.Before we proceed further, we deem it appropriate to record that respondents 1 and 2 are not juristic persons. Respondents 3 and 4 are carrying on business in the name and style of respondents 1 and 2 5\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021respectively as respective sole proprietors. Captioned matter is listed under the cause list caption 'FOR RECORDING OF MEMO OF COMPROMISE'.5.The aforementioned learned counsel submitted in unison/in one voice that a Memorandum of Compromise styled 'Terms of Settlement' ('said ToS' for the sake of convenience and clarity) dated 11.06.2024 has been executed as between appellant, 1st respondent and 3rd respondent. As regards respondents 2 and 4, Mr.N. Surya Senthil, learned counsel of M/s. Surana & Surana and Mr.P. Arul Gnana Prakash, learned counsel of M/s. BFS Legal submit that respondents 2 and 4 would be executing an affidavit of undertaking and that would suffice. This submission is recorded. To be noted, respondents 2 and 4 have also joined in the common request to record the aforementioned ToS and request for a compromise decree in terms of the said ToS. 6.Though the said ToS was presented before this Court, we find that clause (III) thereat refer to the mark of the appellant/plaintiff as a well-known trademark within the meaning of Section 2(1)(zg) of 'The 6\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021Trademarks Act, 1999 ( Act 47 of 1999)' (hereinafter 'said TM Act' for the sake of brevity). When this was pointed out, learned counsel and parties to the ToS, who were present in Court agreed to have clause (III) deleted and suitable scoring off has been made in the said ToS and these endorsements have been duly countersigned by the parties, who were present in Court. As regards appellant, an authorised signatory backed by Board Resolution, is present in Court and as regards respondents 1 and 3, Mr.V.Veeramuthu, S/o. Velayudam is present in Court. Both parties duly confirmed that they have signed the said ToS on their own volition after understanding the terms thereat, agreed for deletion of clause (III) and also assured that both sides would honour all the terms adumbrated in the said ToS with due sanctity. This submission is recorded.7.The photo identity cards of the aforementioned litigants present in Court are produced and a scanned reproduction of the same are as follows:Driving Licence of Mr.M. Kannan,Authorised Signatory of Appellant:7\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 20218\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021Aadhar Card of V. Veeramuthu, Proprietor of 1st respondent: 9\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 20218.In the aforementioned scenario, all the aforementioned counsel and the litigants present in Court reiterated the request in one voice for a consent judgment/compromise decree in terms of said ToS. 9.This Court having interacted with the litigants and having been satisfied about the said ToS and the compromise thereat, accedes to the request and deems it appropriate to dispose of captioned intra court appeal i.e, captioned O.S.A. by saying that the same now stands disposed of in terms of the said ToS, which read as follows:10\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202111\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202112\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202113\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202114\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202115\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202116\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202117\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202118\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202119\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202120\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202121\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202122\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202123\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202124\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202125\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202126\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021The said ToS will now form part of the compromise decree. There shall be no order as to costs.10.We also make it clear that rights, if any, of appellant/plaintiff to seek a declaration that its mark is a well-known trademark within the meaning of Section 2(1)(zg) of the TM Act by following the procedure and in accordance with the said TM Act are preserved, if such course is adopted on being so advised and if so desired, the authorities shall deal with the well-known trademark application on its own merits and in accordance with law, untrammelled by this compromise decree.(M.S.J.) (K.G.T.J.)nv 11.06.2024Index: Yes/NoInternet: Yes/NoSpeaking Order/Non-Speaking Order27\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021M. SUNDAR,J.ANDK. GOVINDARAJAN THILAKAVADI,J.nvO.S.A. (CAD) No. 162 of 202111.06.202428\28

O.S.A.(CAD)No. 162 of 2021Mr.N. Surya Senthil along withMs. Y.K. Aiswarya ofM/s. Surana & Surana for R2 & R4R5 & R6 given upJ U D G M E N T(Delivered by M. SUNDAR,J.)This consent judgment/compromise decree will now dispose of captioned intra court appeal i.e, 'Original Side Appeal' ('O.S.A.' for the sake of brevity).2.In the previous listing of the captioned matter on 03.06.2024, we made the following proceedings/order:'Mr.P. Arul Gnana Prakash, learned counsel of M/s. BFS Legal for the appellant and Mr. N. Surya Senthil, learned counsel of M/s.Surana & Surana for respondents 2 and 4 are before us.2.Learned counsel for appellant submits that parties have arrived at a settlement and requests for time to file a Joint Memo of Compromise. 3.To be noted, in today's hearing, there is no representation for respondents 1, 3, 5 and 6. Learned counsel for appellant submits that the 6th respondent is being given up. He has 3\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021also made an endorsement to that effect in the case file. 4.List under the cause list caption `For Recording Memo of Compromise' on 11.06.2024.The aforementioned proceedings/order made in captioned O.S.A. on 03.06.2024 shall be read as an integral part and parcel of this consent judgment/compromise decree.3.Today, Mr. P. Arul Gnana Prakash, learned counsel of M/s. BFS Legal (Law Firm) for sole appellant, Mr.A.K. Samy, learned counsel representing Ms. Vijayalakshmi Rajagopal, learned counsel on record for respondents 1 and 3 and Mr.N.Surya Senthil along with Ms. Y.K. Aiswarya, learned counsel of M/s. Surana & Surana (Law Firm) for respondents 2 and 4 are before us. To be noted, after the earlier proceedings dated 03.06.2024, 6th respondent has been given up/deleted. Today, learned counsel for appellant has made an endorsement in the case file that 5th respondent is given up and a scanned reproduction of the same is as follows:4\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021The aforementioned endorsement is reiterated in the hearing. Owing to this, 5th respondent also stands deleted. 4.Before we proceed further, we deem it appropriate to record that respondents 1 and 2 are not juristic persons. Respondents 3 and 4 are carrying on business in the name and style of respondents 1 and 2 5\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021respectively as respective sole proprietors. Captioned matter is listed under the cause list caption 'FOR RECORDING OF MEMO OF COMPROMISE'.5.The aforementioned learned counsel submitted in unison/in one voice that a Memorandum of Compromise styled 'Terms of Settlement' ('said ToS' for the sake of convenience and clarity) dated 11.06.2024 has been executed as between appellant, 1st respondent and 3rd respondent. As regards respondents 2 and 4, Mr.N. Surya Senthil, learned counsel of M/s. Surana & Surana and Mr.P. Arul Gnana Prakash, learned counsel of M/s. BFS Legal submit that respondents 2 and 4 would be executing an affidavit of undertaking and that would suffice. This submission is recorded. To be noted, respondents 2 and 4 have also joined in the common request to record the aforementioned ToS and request for a compromise decree in terms of the said ToS. 6.Though the said ToS was presented before this Court, we find that clause (III) thereat refer to the mark of the appellant/plaintiff as a well-known trademark within the meaning of Section 2(1)(zg) of 'The 6\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021Trademarks Act, 1999 ( Act 47 of 1999)' (hereinafter 'said TM Act' for the sake of brevity). When this was pointed out, learned counsel and parties to the ToS, who were present in Court agreed to have clause (III) deleted and suitable scoring off has been made in the said ToS and these endorsements have been duly countersigned by the parties, who were present in Court. As regards appellant, an authorised signatory backed by Board Resolution, is present in Court and as regards respondents 1 and 3, Mr.V.Veeramuthu, S/o. Velayudam is present in Court. Both parties duly confirmed that they have signed the said ToS on their own volition after understanding the terms thereat, agreed for deletion of clause (III) and also assured that both sides would honour all the terms adumbrated in the said ToS with due sanctity. This submission is recorded.7.The photo identity cards of the aforementioned litigants present in Court are produced and a scanned reproduction of the same are as follows:Driving Licence of Mr.M. Kannan,Authorised Signatory of Appellant:7\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 20218\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021Aadhar Card of V. Veeramuthu, Proprietor of 1st respondent: 9\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 20218.In the aforementioned scenario, all the aforementioned counsel and the litigants present in Court reiterated the request in one voice for a consent judgment/compromise decree in terms of said ToS. 9.This Court having interacted with the litigants and having been satisfied about the said ToS and the compromise thereat, accedes to the request and deems it appropriate to dispose of captioned intra court appeal i.e, captioned O.S.A. by saying that the same now stands disposed of in terms of the said ToS, which read as follows:10\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202111\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202112\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202113\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202114\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202115\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202116\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202117\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202118\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202119\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202120\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202121\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202122\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202123\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202124\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202125\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 202126\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021The said ToS will now form part of the compromise decree. There shall be no order as to costs.10.We also make it clear that rights, if any, of appellant/plaintiff to seek a declaration that its mark is a well-known trademark within the meaning of Section 2(1)(zg) of the TM Act by following the procedure and in accordance with the said TM Act are preserved, if such course is adopted on being so advised and if so desired, the authorities shall deal with the well-known trademark application on its own merits and in accordance with law, untrammelled by this compromise decree.(M.S.J.) (K.G.T.J.)nv 11.06.2024Index: Yes/NoInternet: Yes/NoSpeaking Order/Non-Speaking Order27\28 https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No. 162 of 2021M. SUNDAR,J.ANDK. GOVINDARAJAN THILAKAVADI,J.nvO.S.A. (CAD) No. 162 of 202111.06.202428\28