OSA(CAD)/94/2026 of Universal Spirits Pvt. Ltd Vs Empee Distilleries Limited on 16 September 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-09-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN AND THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR O.S.A(CAD) Nos.94 to 96 of 2026 CNR:{HCMA012063392026} and C.M.P.Nos.24168, 24207 & 24209 of 2026 Universal Spirits Pvt. Ltd., Rep by its Managing Director, Mr.Sheeju Purushothaman, Having registered office at Empee Tower, 59, Harris Road, Pudupet, Chennai - 600 002 And Factory at K.Pudur, Kanjikode, Palakkad, Kerala - 678 621. .. Appellant Vs Empee Distilleries Limited Rep. by its Authorised Signatory, Mr.Alfred Sagaya Sundar Xavier, No.72, Greams Road, Thousand Lights, Chennai - 600 006. ..Respondent(s) O.S.A(CAD) No. 95 of 2026 CNR:{HCMA012063402026} Universal Spirits Pvt. Ltd Rep by its Managing Director, Mr.Sheeju Purushothaman, Having registered office at Empee Tower, 59,

Harris Road, Pudupet, Chennai - 600 002 and Factory at K.Pudur, Kanjikode, Palakkad, Kerala - 678 621. ..Appellant(s) Vs Empee Distilleries Limited Rep. by its Authorised Signatory, Mr.Alfred Sagaya Sundar Xavier, No.72, Greams Road, Thousand Lights, Chennai - 600 006. ..Respondent(s) O.S.A(CAD) No. 96 of 2026 CNR:{HCMA012063412026} Universal Spirits Pvt. Ltd., Rep by its Managing Director, Mr.Sheeju Purushothaman, Having registered office at Empee Tower, 59, Harris Road, Pudupet, Chennai - 600 002 And Factory at K.Pudur, Kanjikode, Palakkad, Kerala - 678 621. ..Appellant(s) Vs Empee Distilleries Limited Rep. by its Authorised Signatory, Mr.Alfred Sagaya Sundar Xavier, No.72, Greams Road, Thousand Lights, Chennai - 600 006. ..Respondent(s)

Common Prayer : Original Side Appeals filed under Section 13(1) of the Commercial Courts Act, 2015 read with Order 36 Rule (1) of the O.S.Rules of this Court, to set aside the common order dated 11.08.2026 passed in O.A.Nos.492 and 493 of 2026 in C.S.(Comm.Div) No.147 of 2026 and A.No.2183 of 2026 in C.S.(Comm.Div) No.147 of 2026. For Appellant(s): Mr.Vijay Narayan, Senior Counsel for Mr.Rohan Rajasekaran [in all O.S.A(CAD)s] For Respondent(s): Mr.AR.L.Sundaresan Senior Counsel for Mr.Karthik Lakshmanan AR. [in all O.S.A(CAD)s] C O M M O N J U D G M E N T (Judgment of the Court was delivered by P.Velmurugan J.) These intra-Court appeals have been filed by the appellant, challenging the common order dated 11.08.2026 passed by the learned Single Judge in O.A.Nos.492 and 493 of 2026 and A.No.2183 of 2026 in C.S.(Comm.Div) No.147 of 2026, wherein and whereby, inter alia, injunctions and consequential directions were issued restraining the appellant from manufacturing, packing, marketing, selling or otherwise using the subject marks namely, “Classic Marco Polo Deluxe Brandy” and “Marco Polo Deluxe XXX Rum”.

2. The learned Senior Counsel appearing for the appellant submitted that, pursuant to the impugned order dated 11.08.2026, the appellant-Company has ceased manufacturing the products bearing the aforesaid marks with effect from the said date. He further submitted that an affidavit dated 15.09.2026 has been filed on behalf of the appellant.

3. In the said affidavit, the appellant has undertaken not to produce, manufacture, market, sell or otherwise deal with any products bearing the aforesaid marks or any other mark or marks which are deceptively similar thereto, pending the final disposal of the applications filed under Section 47 of the Trade Marks Act, 1999, seeking cancellation of the trademarks registered in favour of the respondent, which are stated to be pending before the Registrar of Trade Marks.

4. The learned Senior Counsel further submitted that, certain quantitites of the products bearing the subject trademarks, had already been manufactured prior to 11.08.2026 and that the appellant may be permitted to dispose of the said products, to the extent of the quantities set out in paragraph No.5 of the affidavit, which reads as follows: “5.1. No. of cases of Universal Spirits Classic MarcoPolo

Deluxe Brandy in the applicant’s factory godown – 3478

5.2. No. of cases of Universal Spirits MarcoPolo Deluxe XXX Rum in the Applicant’s factory godown – 3974.

5.3. No. of cases of Universal Spirits Classic MarcoPolo Deluxe Brandy already in the market – 3035.

5.4. No. of cases of Universal Spirits MarcoPolo Deluxe XXX Rum already in the market – 2008”.

5. The learned Senior Counsel appearing for the respondent, on instructions, fairly submitted that the undertaking furnished by the appellant is acceptable and has no objection for disposing these appeals on the basis thereof.

6. We have considered the submissions made by the learned Senior Counsel appearing for the parties and perused the affidavit dated 15.09.2026 filed on behalf of the appellant. The undertaking furnished therein is taken on record and shall be binding upon the appellant.

7. In view of the undertaking furnished by the appellant and the consent expressed on behalf of the respondent, these appeals can be disposed of without going into the merits of the case. Accordingly, the appellant is permitted to dispose of the products bearing the subject trademarks, which had been manufactured prior to 11.08.2026, to the extent of the quantities specified in paragraph No.5 of the affidavit dated 15.09.2026, within a period of three months from the date of receipt of a copy of this order. The appellant shall maintain proper and complete accounts in respect of such sale and produce the same before the learned Single Judge in the pending suit.

8. It is made clear that the permission granted herein is confined to the quantities specified in paragraph 5 of the affidavit, and the same shall not be construed as permitting any further manufacture, production, marketing or sale of products bearing the subject marks, or any other mark or marks deceptively similar thereto, contrary to the undertaking furnished by the appellant.

9. In view of the above, these intra-Court appeals are disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (P.V.,J.) (G.K.M.,J.) 16-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ms

P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms O.S.A(CAD) Nos.94 to 96 of 2026 and C.M.P.Nos.24168, 24207 & 24209 of 2026 16-09-2026