Case Summary
Jaybee Edufly Academy PVT Ltd. filed a suit against M/s Portobello Consultants Pvt. Limited for injunction, alleging unauthorized use of its name and goodwill. The defendant did not appear in court, resulting in an exparte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The MOU entered into between the plaintiff and the defendant is hereby cancelled. The defendant is restrained from using the name board and goodwill of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, cancelling the MOU and restraining the defendant from using the plaintiff's name and goodwill.
Why Plaintiff Won:
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1.The MOU entered into between the plaintiff and the defendant is hereby cancelled. 2.The defendant is restrained from using the name board and goodwill of the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jaybee Edufly Academy PVT Ltd.
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Joseph Tharakan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Portobello Consultants Pvt. Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Manoj Peter
- Relation
- Managing Director
Plaintiffs Documents
Copy of memorandum of understanding, Copy of Termination Notice, Postal Receipt, Registered cover with notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P A Girishkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anishkumar K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The defendant is restrained from using the name board and goodwill of the plaintiff.
Evidence:
2.The defendant is restrained from using the name board and goodwill of the plaintiff.
Relief Type:
Declaration
Outcome:
Granted
Description:
The MOU entered into between the plaintiff and the defendant is hereby cancelled.
Evidence:
1.The MOU entered into between the plaintiff and the defendant is hereby cancelled.
Documents & Evidence
Document Type:
Memorandum of Understanding
Submitted By:
Plaintiff
Relevance:
Copy of the memorandum of understanding between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Termination Notice
Submitted By:
Plaintiff
Relevance:
Copy of the termination notice issued by the plaintiff.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the communication from the plaintiff.
Reference:
Ext.A3
Document Type:
Registered cover with notice
Submitted By:
Plaintiff
Relevance:
Registered cover with notice sent to the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Jaybee Edufly Academy PVT Ltd. vs M/s Portobello Consultants Pvt. Limited regarding injunction
Case Code Year
Case between Jaybee Edufly Academy PVT Ltd. vs M/s Portobello Consultants Pvt. Limited regarding injunction