M/S.Payoda Technologies Pvt Ltd vs M/S.Photon Infotech Pvt Ltd
2021 Latest Caselaw 5217 Mad

                                                                           CS.No.677 of 2014

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 26.02.2021

                                                     CORAM:

                                   THE HON'BLE MR.JUSTICE P.RAJAMANICKAM

                                                CS.No.677 of 2014
                                                      and
                                                A.No.5924 of 2015
                                                      and
                                                OA.No.838 of 2014

                M/s.Payoda Technologies Pvt Ltd.,
                Having its registered Office at
                42-A, Sengupta Street, Ramnagar,
                Coimbatore -641 009
                And Office at
                ELCOT IT SEZ, First Floor,
                Tidel Park, Coimbatore 641 014
                represented by its Chief Financial Officer,
                Mr.K.Kamaraj                                          ... Plaintiff

                                                       Vs.

                1. M/s.Photon Infotech Pvt Ltd.,
                   Having its registered Office at
                   7th Cross Street,
                   Shastri Nagar, Adyar,
                   Chennai 600 020.

                2. Srinivas Balasubramaniam
                   Chief Executive Officer
                   Photon Infotech Private Limited
                   7th Cross Street,
                   Shastri Nagar, Adyar,
                   Chennai 600 020.

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                                                                                   CS.No.677 of 2014

                3. Mukund Balasubramaniam
                   Chief Technology Officer,
                   Photon Infotech Private Limited
                   7th Cross Street,
                   Shastri Nagar, Adyar,
                   Chennai 600 020.

                4. Google Inc
                   1600 Amphitheatre Parkway
                   Mountain View, CA 94043
                   United States of America
                   Represented by its Chief Executive Officer

                5. Googel India Pvt Ltd.,
                   No.3, RMZ Infinity -Tower E
                   Old Madras Road,
                   3rd , 4th, and 5th Floors
                   Bangalore, 560 016, India
                   Representing by its Managing Direcor                     .... Defendants

                ( Defendants 4 and 5 deleted as per
                  order dated 29.08.2019 in
                  A.No.226/16 & 4375/15 and
                  time extended as per order
                  dated 11.01.2021)

                Prayer: Civil Suit is filed under Order VII Rule 1 of CPC r/w Order IV Rule 1
                of Original Side Rules, to pass a judgment and decree:
                a) of damages in favour of the plaintiff and against the defendants 1 to 3 jointly
                and severally for an amount of Rs.1,00,00,000/- (Rupees One Crore only); b) of
                permanent injunction restraining the defendants their associates, sister
                concerns, agents, officers, employees from making any derogatory references to
                the plaintiff or its management in communications by email or any other
                method to any customer or prospective customer or banker of the plaintiff or to

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                electronic media or to press media or any other media or to any other person
                with a view to affect the business and reputation of the plaintiff; c) of
                mandatory injunction directing the 4th and 5th defendant to give a status,
                verification and authentication report of the plaint schedule emails to the
                plaintiff and d) awarding exemplary costs and costs of the suit in favour of the
                plaintiff and against the defendants 1 to 3 and


                                      For Plaintiff       : Mr.R.Rajesh
                                      For Defendants      : Mr.K.Moorthy for D1 to D3




                                                      JUDGMENT

The learned counsel for the plaintiff has submitted that matter is settled

out of court and hence the suit may be dismissed as settled out of court. He also

made an endorsement to that effect.

2. Recording the aforesaid submissions and also the endorsement made,

this Civil Suit is dismissed as settled out of Court. No costs. Consequently,

connected applications in A.No.5924 of 2015 and OA.No.838 of 2014 are

closed.

https://www.mhc.tn.gov.in/judis/

CS.No.677 of 2014

3. The Registry is directed to re-fund the court fees as per the rules.

26.02.2021

Vv

https://www.mhc.tn.gov.in/judis/

CS.No.677 of 2014

P. RAJAMANICKAM,J.

Vv

CS.No.677 of 2014 and A.No.5924 of 2015 and OA.No.838 of 2014

26.02.2021

https://www.mhc.tn.gov.in/judis/