C.S(COMM DIV)/220/2026 of Aquapump Industries and another Vs Ashok Kumar Maheshwari on 16 October 2026

C.S(COMM DIV) No. 220 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

C.S(COMM DIV) No. 220 of 2026

CNR:{HCMA011760472026}

AND

OA NO. 773 OF 2026,

A NO. 3274 OF 2026 & OA NO. 772 OF 2026

1. Aquapump Industries and another

Tudiyalur Post,

Coimbatore 641034

and also at

No. 184, old No.24, Linghi Chetty Street, George Town, Chennai 600001

Rep by its Managing Partner,

Mr. Ramaswamy Kumaravelu

2. Aquasub Engineering

Tudiyalur Post, Coimbatore 641034 and also at No. 184, old No.24, Linghi Chetty Street, George Town, Chennai 600001 Rep by its Managing Partner, Mr. Ramaswamy Kumaravelu

..Plaintiff(s)

Vs

Ashok Kumar Maheshwari

Proprietor,

Maheshwari Brothers,

88, Tel Gali, Maharani road,

Siyaganj, Indore 452007

Madhya Pradesh

..Respondent(s)

PRAYER: This Civil Suit filed under Order IV Rule 1 O.S. Rules and Order VII, Rule 1 CPC read with Section 27, 134 & 135 of the Trade Marks Act, 1999, the Plaintiffs, therefore, prays for Judgement and Decree for,

C.S(COMM DIV) No. 220 of 2026

(a) granting a permanent injunction, restraining the Defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Marks 'TEXSUMO' as such or prefix or suffix in any Pumps or Motors or any related goods and parts included in Class 7 or in any other goods manufactured and sold by the Defendant or its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically identical or deceptively similar to the Plaintiffs registered Trade Mark TEXMO or in any manner infringing the Plaintiffs Registered Trade Mark Nos. 315049 SP-I, SP-II 315050 SP-I, SP-II

renumbered as 2702778, 2702779, 2702780, 2702781, 1961986 1961987

respectively.

(b) granting a permanent injunction, restraining the Defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Marks TEXSUMO as such or prefix or suffix in any Pumps or Motors or any related goods and parts included in Class 7 or in any other goods manufactured and sold by the Defendant and its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically identical or deceptively similar to the Plaintiffs Trade Mark TEXMO or in any manner pass off the Plaintiffs goods.

(c) directing the Defendant to surrender to the Plaintiffs all the goods, packing materials, cartons, advertisement materials and hoardings, letterheads, visiting cards, office stationery and all other materials containing/bearing the Trade Marks TEXSUMO or other deceptively similar mark to the Plaintiffs Trademark TEXMO, (d) directing the Defendant to render an account of profits made by them by the use of the impugned Trade Marks TEXSUMO on the goods included in Class 7

and decree the suit for the profits found to have been made by the Defendant,

C.S(COMM DIV) No. 220 of 2026

after the Defendant has rendered accountedirecting the Defendant to pay to the Plaintiffs the costs of the suit, andfpass such further or other order, as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Plaintiff(s):

Ms.J.Vennila

For Respondent(s):

Mr.Rajesh Joshi