IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.07.2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE R.SUBBIAH O.S.A.NO.92 OF 2003 1.SSS Lingam Company, 6-B, Cauvery Nagar, Komarapalayam, Tiruchengode Taluk, Namakkal District rep. by its Partner 2.P.Babu 3.P.Thangavel 4.P.Dhakshnamoorthi 5.Ponnammal .. Appellants Vs. SSS Lungie Company, 49 Mettukadu, Chinnappa Naickenpalayam, Komarapalayam 638 183. Tiruchengodu Taluk, Namakkal District .. Respondent This O.S.A. has been preferred under Clause 15 of Letters Patent read with Order XXXVI Rule 11 of O.S. Rules against the order and decreetal order, dated 24.02.2003 made in O.A.No.757 of 2002 in C.S.No.757 of 2002. For Appellants : Mr.R.Thiagarajan For Respondent : Mr.S.Rajasekar https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT (The judgment of the Court was made by M.CHOCKALINGAM, J.) This appeal challenges the common order of the learned Single Judge of this Court made in O.A.No.757 of 2002 and also A.No.5321 of 2002 in C.S.No.757 of 2002. 2.It was a suit filed by the respondent/plaintiff seeking the relief of permanent injunction restraining the defendants, its partner, men, servants, agents, distributors, stockists, representatives or any one claiming through them, from in any manner passing off and/of enabling others to pass off the defendants' lungies as and for the plaintiff lungies by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using, advertising lungies bearing an almost identical trademark "3 ROSES label" or any other mark deceptively similar to the plaintiff trademarks "3 ROSES label" with identical colour scheme, get up and layout or in any other manner whatsoever and also for other reliefs. 3.Pending suit, the plaintiff filed O.A.No.757 of 2002, seeking an order of interim injunction restraining the defendants from in any manner passing off or enabling others to pass off the defendants business as and for plaintiff business by use of the business name/trading style 'SSS Lingam Company', 'SSS Lingayar Company' or any other business name/trading style similar to plaintiff's business name/trading style "SSS Lungie Company" or in any other manner whatsoever. Originally, ad interim injunction was granted. The defendants filed Application No.5321 of 2002 in order to vacate the interim injunction originally granted in O.A.No.757 of 2002. Both the applications were taken up for consideration by the learned Single Judge and on enquiry, by posing questions, which were necessary, the learned Single Judge came to the conclusion that it was a fit case where interim injunction was to be granted and accordingly, ordered the same and dismissed Application No.5321 of 2002, the other application filed by the defendants. 4.The Court heard the learned counsel on either side and also looked into the materials available, in particular the order under challenge. Both the parties raised their respective pleas to the effect that in respect of particular trademark, in question, they are the prior users. The learned Single Judge, on enquiry, came to the conclusion that in respect of the trademark, the plaintiff was the prior user and hence he was of the opinion that it was a fit case for granting interim injunction. Both sides put forth elaborate documentary evidence and also relied on number of legal positions. https://hcservices.ecourts.gov.in/hcservices/ 5.At the time when the appeal was taken up for admission, stay was granted by this Court on condition of the appellants maintaining accounts in respect of the sale done by them. Now, the learned counsel for the appellants/defendants would submit that the contentions in respect of the merits of the matter could be kept open to be raised before the learned Single Judge at the time of trial and the status quo could be maintained and the appellants would continu to maintain the accounts and they are also ready to submit the same before the Court. 6.The Court heard the learned counsel for the respondent/plaintiff also. In view of the submissions made, the Court is of the considered opinion that status quo, as on today, has got to be maintained. Accordingly, status quo, as on today, is ordered to be maintained. The appellants are directed to place the accounts maintained by them before the Registry within a period of one month herefrom. The appellants are further directed to submit the accounts once in three months before the Registry till the disposal of the suit. It is also made clear that the contentions to be raised by both sides on the merits of the matter, are actually kept open to be raised at the time of trial before the learned Single Judge. Taking into consideration the request made by either side, the learned Single Judge is required to give early disposal of the suit. With the above observations, this appeal is disposed of. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vvk To The Sub Assistant Registrar Original side, High Court, Madras 1 cc to MR.S. Rajasekar,SR. 38736 O.S.A.NO.92 OF 2003 RB (CO) kk 5/8 https://hcservices.ecourts.gov.in/hcservices/