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Lower Court Order on Coaching Centre Upheld

Published: 30th July 2014 07:35 AM  |   Last Updated: 30th July 2014 07:35 AM   |  A+A-

HIGH-COURT

CHENNAI: A trial court’s order restraining  a mathematics teacher from running a coaching centre in the same name of an institution which had earlier sacked him has been upheld by the Madras High Court.

Justice Pushpa Sathyanarayana upheld the lower court’s order last week while dismissing an appeal from T V Muthusamy challenging the order of the Principal District Judge, Tiruppur, decreeing the suit filed by Puthiya Polivudan Puthiya Idathil Vivekananda Coaching Centre (PPPIVCC) by its proprietor S Radhakrishnan.

Originally, Radhakrishnan filed a suit stating that he started the coaching centre in Amaravathy Nagar in Udumalpet in 1997. About 70 students were trained every year and they were successful in getting admission in Sainik Schools in India. Muthusamy, who was working as a Mathematics teacher in the centre, was dismissed from service following some complaints. Enraged, Muthusamy started a coaching centre in the same area with the same name. By doing so, Muthusamy was deliberately causing confusion in the minds of innocent students and their parents. The phrase Puthiya Polivudan Puthiya Idathil attached to the name Vivekananda Coaching Centre only creates an impression in the minds of the public that the old centre was begun in a new place, Radhakrishnan contended and the PDJ, Tiruppur decreed the suit in his favour. Aggrieved, Muthusamy filed the present appeal.

Dismissing the appeal, the judge said Radhakrishnan has proved that he established his coaching centre in 1997 and gained reputation and goodwill. Muthusamy has started his coaching centre in the same locality in the same name and it amounts to misrepresentation. The former has made out a prima facie case. Irreparable hardship will cause to him if Muthusamy is allowed to continue the name, the judge said.

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