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2010 DIGILAW 1288 (MAD)

Mrs. M. v. Hospital for Diabetes P. Ltd. , by its Managing Director R. Vijay Viswanathan VS M/s. Chaitanyakumar & Associates Sole Proprietar concern, rep. by Proprietor R. Chaitanyakumar & Another

2010-03-26

R.MALA

body2010
Judgment :- 1. Learned Counsel on both sides present. They admitted that in view of the undertaking given by the defendants in the respective suits, the suits may be disposed of. 2. The respondent /defendant in paragraph 9 of his counter affidavit dated 17.2.2010 in O.A. No.1313 of 2009 in C.S.No.1092 of 2009, he has stated as follows: "9. I respectfully state and submit that even while reserving my right to claim refund of the monies collected by the applicant group and to initiate such other proceedings as against the applicant, the respondent seeks to place on record its intention not to continue the use of the name M.V. as part of its corporate or trade name. However, considering the extensive use of the name Sir M.V. by the respondent in its stationary, equipments and other consumables and disposables in the clinic, the change of the said name will require a reasonable time of at least 3 months." 3. The defendant in C.S.No.1161 of 2009 has filed an affidavit dated 17.2.2010, in which in paragraph 7, it is stated as follows: "7. The defendant states and submits that even while reserving its right to claim refund of the monies collected by the plaintiff group and to initiate such other proceedings as against the applicant, the defendant seeks to place on record its intention not to continue the use of the name M.V. as part of its corporate or trade name. However, considering the extensive use of the name Sir M.V. by the defendant in its stationary, equipments and other consumables and disposables in the clinic, the change of the said name will require a reasonable time of at least 3 months." 4. The defendants in both the suits have stated that they have the intention not to continue to use the name M.V. as a part of their corporate or trade name and wanted a period of 3 months time for the change of the said name. 5. In view of the above undertaking given by the defendants in both the suits, both the suits and applications are disposed of. No costs.