Citation : 2022 Latest Caselaw 17051 Mad
Judgement Date : 31 October, 2022
C.S.No.814 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 31.10.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.814 of 2008
The Periyar Self Respect
Propaganda Institution
Rep. by its Secretary Thiru.K.Veeramani
No.50, EVK Sampath Road,
Veppery, Chennai - 600 007. .. Plaintiff
Vs.
1. Periyar Dravidar Kazhagam
Rep. by its President T.S.Mani
Office No.1, Kamarajar Salai
Mylapore, Chennai-600 004.
2. K.Ramakrishnan
General Secretary
Periyar Dravidar Kazhagam
No.1, Kamarajar Salai
Mylapore, Chennai-600 004. .. Defendants
(D2 given up vide order dated 24.10.2019 made in A.No.7171 of 2018 in
C.S.No.814 of 2008)
This Civil Suit is preferred, under Order VII Rule 1 of CPC read
with Order IV of O.S.Rules praying
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C.S.No.814 of 2008
(a) For a permanent injunction restraining the defendants, their
men, agents, assignees or any other person or person claiming through
them from in any manner infringing the copy rights of the plaintiff
relating to the Kudiyarasu and other scripts, books, publications etc.,;
(b) Award damages of Rs.15,00,000/-;
(c) Directing the defendants to pay costs;
For Plaintiff : Mr.D.Veerasekaran
For Defendant : Mr.S.Doraisamy
JUDGMENT
Captioned suit is listed under the cause list caption 'FOR
WITHDRAWAL' today at the instance of learned counsel for plaintiff.
2. Mr.D.Veerasekaran, learned counsel on record for sole plaintiff
and Mr.S.Doraisamy along with Mr.V.Elangovan, learned counsel on
record for sole defendant now (when the suit was filed sole defendant
was first defendant) are before this Commercial Division.
3. To be noted, another defendant was arrayed as second defendant
when the suit was instituted but the second defendant was subsequently
given up and this is vide order dated 24.10.2019 in A.No.7171 of 2018 in
C.S.No.814 of 2008.
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4. Learned counsel on record for plaintiff submits that he has
instructions from 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:
5. Learned counsel for plaintiff has also placed before this
Commercial Division a communication dated 28.09.2021 from the
plaintiff to the counsel for plaintiff and a scanned reproduction of the
same is as follows:
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6. Learned counsel on both sides submit that it may become
necessary to seek return of original documents which have been filed (if
any). It is open to both sides to take out suitable applications for return
of original documents filed by respective parties and the same will be
dealt with on its own merits and in accordance with law.
7. In the light of the narrative thus far, captioned suit is dismissed
as withdrawn. There shall be no order as to costs.
31.10.2022 (1/2)
Index : Yes/No Speaking/Non-speaking order mk
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M.SUNDAR, J.
mk
C.S.No.814 of 2008
31.10.2022
(1/2)
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