Mr A D Padmasingh Isaac and 2 Others v. Madurai Aachi Kitchen

ORDER Summons on the first defendant had been served in the applications as indicated in the report of the Bailiff. The name of the respondent had also been reflected in the cause list. However, there is no representation on the side of the respondent nor the respondent is present before this Court.

¶2The respondent is called absent and set ex parte. There is also sufficient compliance of Order XXXIX Rule 3 of C.P.C., as evidenced from the affidavit of service that has been filed before this Court. Page4 of 4 K.KUMARESH BABU J.

¶3Considering the fact that the Court had already come to a prima facie conclusion by granting an interim injunction as prayed for in the applications, this Court is further satisfied with the reasons attributed in the affidavit filed in support of the applications and accordingly, the interim injunction granted by this Court on 27.04.2026 is made absolute and the applications in O.A.Nos.343 & 344 of 2026 in C.S (COMM DIV).No.112 of 2026 is ordered as prayed for. 22-06-2026 (1/2) kak OA Nos. 343 and 344 of 2026 in C.S(COMM DIV) No. 112 of 2026 and A No. 1851 of 2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-06-2026 CORAM THE HON'BLE MR JUSTICE K.KUMARESH BABU OA Nos. 343 and 344 of 2026 in C.S.(COMM DIV) No. 112 of 2026 and A No. 1851 of 2026 1. Mr A D Padmasingh Isaac Proprietor, Aachi Spices and Foods, Old No. 4, New No. 181/1, 6th Avenue, Thangam Colony, Anna Nagar, Chennai – 600040 2. Aachi Masala Foods Private Limited No.1926, 34th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai - 600040, Represented by its Director, Mr. Ashwin Pandian 3. M/s. Flora Foods, A Partnership Firm, No. 1926, 34th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai - 600040, Represented by its Partner, Mrs. Thelma Isaac ..Applicants in all applications Vs Madurai Aachi Kitchen No.87, AGS Colony, Perumal Nagar, 5th Main Road, Old Pallavaram, Land Mark Arul Murugan Tower Backside Chennai-600117 ..Respondent in all applications Page2 of 4 Prayer in O.A.No.343 of 2026: To grant an ad interim injunction restraining the Respondent/Defendant by himself, his servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale or providing services using the name MADURAI AACHI KITCHEN or any other similar Trade Mark name or similar sounding expression in any hotels, restaurant services, media, websites, mobile applications, social media platforms and internet advertising and use the same in name board, invoices, letter heads and visiting cards, websites, mobile applications, social media platforms and internet advertising or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the 1st applicant's/1st plaintiff's trade mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN and use the same in pouches, packets or use the mark in invoices, letters heads and visiting cards, website and internet advertising or part of their restaurant name any other trade literature or Menu Card by using any other trade mark which is in any way visually, or phonetically similar to the Applicants'/Plaintiffs' registered Trade Mark Nos.838786,1116254, 1479159, 1715718, 2965624, 5275581, 5274680 & 5446987 or in any manner infringing the 1st Applicant's / 1st Plaintiff's registered Trade Marks referred herein pending disposal of the above suit. Prayer in O.A.No.343 of 2026: To grant an ad interim injunction restraining the Respondent/Defendant by itself, its servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising using in trade literature, menu cards, invoices, name boards, websites, mobile applications, social media platforms and internet advertisements the mark/name 'MADURAI AACHI KITCHEN' in Page3 of 4 relation to the Restaurant services or with respect to or any other food preparation or on any other business the impugned trademark/name which is in any manner deceptively or phonetically confusingly similar to the Applicants/Plaintiffs Trade Mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN or in any other manner pass off their hotel, business or goods as and for that of the Applicants/Plaintiffs pending disposal of the above suit. For Applicants: For Respondents: Ms.Gladys Rosette C Daniel (in all applications) No appearance