Madras High Court
M/S.Bvm Global Education Trust vs Think & Learn Pvt. Ltd (Byju'S) on 7 November, 2022
C.S.No.126 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.11.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.126 of 2020
(Comm. Suit)
M/s.BVM Global Education Trust
Rep. by Mr.Ramana Prasad, Managing Trustee
No.9, First Cross Street, Karpagam Garden
Chennai-600 020. .. Plaintiff
Vs.
Think & Learn Pvt. Ltd (BYJU's)
Represented by Promoter & Director
Mr.Byju Raveendran
Having Office at Prince Kushal Towers
No.96, 4th Floor, General Patters Road
Chennai-600 002
and registered office at
2nd Floor, Tower D, IBC Knowledge Park
4/1 Bannerghatta Main Road
Bengaluru - 560 029. .. Defendant
This Civil Suit is preferred, under Section 2(1)(viii) & (xxii) of
Commercial Courts Act, 2015 read with Order VII Rule 1 of CPC,
praying Judgment and Decree
(a) Directing the defendants to pay a sum of Rs.2,25,00,000/-
being the damages as well as the amount due to be paid to the plaintiff
under the contract by the defendant;
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C.S.No.126 of 2020
(b) For permanent injunction restraining the defendant from
conducting classes as for the terms of the agreement within 6 kms radius
till the end of academic year 2021;
(c) For the cost of the suit;
For Plaintiff : Mr.G.Surya Narayanan
For Defendant : Mr.P.R.Dhilip Kumar
JUDGMENT
Captioned suit is listed under the cause list caption 'FOR
REPORTING SETTLEMENT'.
2. Mr.G.Surya Narayanan, along with Ms.Jayasudha, learned
counsel on record for sole plaintiff and Mr.P.R.Dhilip Kumar, learned
counsel on record for lone defendant are before this Commercial Division.
3. Learned counsel for sole plaintiff submits that the plaintiff has
given instructions to the counsel on record for plaintiff to withdraw the
captioned suit. Saying so, learned counsel has made an endorsement in
the case file and a scanned reproduction of the same is as follows:
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C.S.No.126 of 2020
4. Aforementioned endorsement is reiterated in the hearing.
5. Learned counsel for plaintiff submits that in the course of
plaintiff's side evidence, certain documents have been marked as exhibits.
Learned counsel submits that Ex.P.23 to Ex.P.35 are originals and
requests this Commercial Division to direct the Registry to permit the
plaintiff's counsel to replace the same with certified copies and take back
the originals. Learned counsel for defendants does not oppose this
request.
6. Registry to return the originals of Ex.P.23 to Ex.P.35 to learned
counsel on record for plaintiff under due acknowledgment subject to the
condition that Ex.P.23 to Ex.P.35 are replaced with certified copies by
plaintiff counsel.
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C.S.No.126 of 2020
M.SUNDAR, J.
mk
7. In the light of the narrative thus far, captioned suit is dismissed
as withdrawn. There shall be no order as to costs.
07.11.2022
Index : Yes/No
Speaking/Non-speaking order
mk
C.S.No.126 of 2020
(Comm. Suit)
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