Mr.Jaswant Chand vs M/S. Evergreen Movie ...
2023 Latest Caselaw 3735 Mad

                                                                           C.S.No.725 of 2004

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 03.04.2023

                                                   CORAM:

                                  THE HONOURABLE Mr. JUSTICE S.SOUNTHAR

                                           C.S(Suits).No.725 of 2004


               Mr.Jaswant Chand                                          ...Plaintiff


                                                     Vs.

               1. M/s. Evergreen Movie International,
                  Rep. by its Proprietor,
                  Mr.V.A.Durai,
                  Old No.2, New No.18, 19th Street,
                  Ashok Nagar, Chennai – 600 083.

               2. M/s. Gemini Colour Laboratory,
                  No.2, Vembuliamman Koil Street,
                  Virugambakkam, Chennai – 600 092.                    ... Defendants


               PRAYER: This Civil Suit is filed under Order IV Rule 1 of O.S. Rules, 1956
               read with under Order VII Rule 1 of Civil Procedure Code, 1908 and; praying
               to pass the judgment and decree:-




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https://www.mhc.tn.gov.in/judis
                                                                                    C.S.No.725 of 2004

                         a. directing the first defendant to pay a sum of Rs.2,50,00,000/-
               towards principal and a sum of Rs.30,89,200/- towards interest in all totalling
               to a sum of Rs.2,80,89,200/- together with interest @ 36% p.a. on
               Rs.2,50,00,000/- from the date of the plaint till the date of realization.
                         b. for a permanent injunction restraining the first defendant its men,
               agents, servants or everyone claiming under the plaintiff and acting on his
               behalf from in any way taking delivery of any negatives, release prints or any
               other prints or publicity materials of the Tamil Colour Film titled as
               “Gajendra” from the second defendant laboratory without discharging the
               entire loan amount together with interest due and payable to the plaintiff for
               which a decree is sought for in Clause No. “a” supra in contravention to the
               letter of guarantee given by the second defendant dated 03.02.2004;
                         c. directing the defendants to pay the costs of the suit
                         d. also grant such further or other relief or reliefs as this Court may
               deem fit and necessary in the circumstances of the case.

                                  For Plaintiff     :   Mr.M.Sathya
                                                        for M/s.Waraon & Sai Rams
                                  For Defendant 2   :   Mr.A.V.K.Ezhilmani


                                                    JUDGMENT

When the matter was taken up for hearing before this Court on

30.03.2023, the learned counsel for the plaintiff reported “No Instructions”

https://www.mhc.tn.gov.in/judis C.S.No.725 of 2004

from his client and the same was recorded. In order to give an opportunity

to the plaintiff, the Registry was directed to print the name of the plaintiff

and list the matter today (03.04.2023) under the caption “for dismissal”.

2. Today (03.04.2023), the matter is listed under the caption “for

dismissal”, the learned counsel appearing for the plaintiff submitted that he

has no instructions from his client and the plaintiff is not interested in

pursuing the matter. He has also made an endorsement to that effect. Hence,

the suit is dismissed for default. No costs.

03.04.2023

nti

Index:Yes/No Speaking Order: Yes/No

https://www.mhc.tn.gov.in/judis C.S.No.725 of 2004

S.SOUNTHAR, J.

nti

C.S(Suits).No.725 of 2004

03.04.2023

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