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Prosound Products Partnership Firm, Rep. by its Partner Pradeep Ahuja & Another v/s John Enterprises, Chennai


Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- K K PRODUCTS LIMITED [Active] CIN = U31300DL1991PLC045521

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- S S P PRODUCTS PRIVATE LIMITED [Active] CIN = U22110WB1974PTC210201

Company & Directors' Information:- D P AHUJA & CO. PRIVATE LIMITED [Active] CIN = U74140WB2003PTC095788

Company & Directors' Information:- M L B PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040990

Company & Directors' Information:- M M PRODUCTS LIMITED [Strike Off] CIN = U28994DL1992PLC050955

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- G K PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043260

Company & Directors' Information:- AHUJA CORPORATION PRIVATE LIMITED [Active] CIN = U29246RJ2013PTC042337

Company & Directors' Information:- N R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51109AS1998PTC005561

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- D. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U52320DL2011PTC213508

Company & Directors' Information:- R S PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036603

Company & Directors' Information:- R R PRODUCTS PRIVATE LIMITED [Active] CIN = U24249HR1999PTC034291

Company & Directors' Information:- I G PRODUCTS PRIVATE LIMITED [Active] CIN = U74999WB2012PTC183503

Company & Directors' Information:- J S R PRODUCTS PRIVATE LIMITED [Active] CIN = U31908DL2007PTC170841

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- M S PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055125

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- G K D PRODUCTS PRIVATE LIMITED [Active] CIN = U15431WB1998PTC086840

Company & Directors' Information:- AHUJA ENTERPRISES PRIVATE LTD [Active] CIN = U74899DL1980PTC010118

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- H R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1978PTC009183

Company & Directors' Information:- V S PRODUCTS PRIVATE LIMITED [Active] CIN = U36900DL2008PTC185445

Company & Directors' Information:- H K PRODUCTS LIMITED [Active] CIN = U51900GJ2015PLC085457

Company & Directors' Information:- S R K PRODUCTS PRIVATE LIMITED [Active] CIN = U51221KA1989PTC010032

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- J M K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24246OR2005PTC008446

Company & Directors' Information:- R S ENTERPRISES CHENNAI PRIVATE LIMITED [Strike Off] CIN = U45202TN2014PTC095664

Company & Directors' Information:- G S T PRODUCTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909TN2006PTC059575

Company & Directors' Information:- S M P PRODUCTS PRIVATE LIMITED [Active] CIN = U25200DL2009PTC190965

Company & Directors' Information:- S N S PRODUCTS PRIVATE LIMITED [Active] CIN = U15490DL2005PTC142749

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- A AND A PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MP2004PTC017128

Company & Directors' Information:- V J PRODUCTS PRIVATE LIMITED [Active] CIN = U36900GJ2011PTC065252

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- S AND G PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014843

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- D AND P PRODUCTS LIMITED [Amalgamated] CIN = U99999MH1951PTC008422

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- E C A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U27209TN1987PTC014022

Company & Directors' Information:- G S PRODUCTS LIMITED [Strike Off] CIN = U25191UP1989PLC010483

Company & Directors' Information:- A R K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24231UP1978PTC004606

Company & Directors' Information:- S. M. PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17299DL1966PTC004634

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- P & Q PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2014PTC269162

Company & Directors' Information:- H T PRODUCTS PVT LTD [Strike Off] CIN = U29266WB1981PTC033424

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

    O.S.A. Nos. 86 to 88 of 2020

    Decided On, 27 February 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M.M. SUNDRESH & THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

    For the Appellants: M.S. Bharath, Advocate. For the Respondent: L. Maithili, Advocate.



Judgment Text


(Prayer: Appeals filed under Clause XV of Letters Patent read with Order XXXVI Rule 9 of O.S. Rules against the order dated 10.02.2020 in O.A.Nos.845 & 846 of 2019 & A.No.8052 of 2019 filed in C.S.(Commn Div) No.542 of 2019 on the file of this Court.)

Common Judgment

M.M. Sundresh, J.

1. These appeals have been preferred against the order of the learned Single Judge in dismissing the applications filed for injunction and allowing the vacate injunction petition primarily on the premise that the appellants, being aware of the dispute between M/s. Ningbo Soundking Group Co.Ltd and themselves, have not placed the relevant facts.

2. The learned counsel appearing for the appellants would submit that neither M/s. Ningbo Soundking Group Co.Ltd nor M/s.Nippon Enterprises South are necessary parties to decide the lis between the appellants and the respondent/defendant. The respondent/defendant has not proved the fact the it is a dealer of M/s. Nippon Enterprises South, which, in turn, is the dealer of M/s. Ningbo Soundking Group Co.Ltd.

3. The learned counsel further submitted that without prejudice to the aforesaid contention, liberty may be given in the event of this Court not agreeing with them to file a fresh application after impleading the other two parties and in that case, all the issues may be left open.

4. The learned counsel appearing for the respondent/defendant submitted that it is the appellants who filed opposition to the Trademark Application. The rectification application filed by M/s. Ningbo Soundking Group Co.Ltd., has also been opposed by the appellants. The respondent is nothing but a distributor and agent of M/s. Ningbo Soundking Group Co.Ltd.

5. By way of reply, the learned counsel appearing for the appellants would submit that there is no material to substantiate the fact that the respondent/defendant was only an agent and distributor of M/s. Ningbo Soundking Group Co.Ltd. through M/s. Nippon Enterprises South.

6. By way of clarification, the learned counsel appearing for the respondent/defendant submitted that what the respondent/defendant does is merely selling the product of M/s. Ningbo Soundking Group Co.Ltd., which steps into the shoes of the erstwhile concern, namely, STUDIOMASTER, on giving the share transfer in its favour.

7. Considering the above said submission, we are of the view that the adjudication can only be made by impleading the two entities referred above.

8. The learned Single Judge dismissed the injunction applications primarily on the premise that the appellants notably did not bring it to the notice of the Court the aforesaid facts, which might warrant the impleadment of the said entities as party defendants.

9. In such view of the matter, we set aside the finding rendered by the learned Single Judge and remit the matter for fresh consideration by giving liberty to the appellants with the direction that the appellants will have to imp

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lead these two entities. After impleading is ordered, the injunction applications will have to be decided afresh leaving open all the issues both on facts and law. 10. The Original Side Appeals stand disposed of. No Costs. Consequently, connected C.M.P.Nos.4528, 4530, 4534, 3524, 3526 and 3521 of 2020 are closed.
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