B. P. Haribabu vs K. S. Balakrishnan
2023 Latest Caselaw 17573 Mad

Madras High Court

B. P. Haribabu vs K. S. Balakrishnan on 22 December, 2023

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                        C.S. No.24 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 22.12.2023

                                                           CORAM:

                                    THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                       C.S. No.24 of 2020

                     B. P. Haribabu                                               .. Plaintiff
                                                          vs.

                     1. K. S. Balakrishnan
                     35/18, Chengalvarayan Street,
                     Narayana Krishnaraja Puram,
                     Triplicane, Chennai - 600 005.

                     2. Rhythms Aesthetic Society
                     Having office at Block-102,
                     Yishun Ave 5,#04-107,
                     Singapore-760 102                                      ...   Defendants

                     Prayer : PLAINT UNDER ORDER IV, RULE 1 OF THE ORIGINAL SIDE
                     RULES AND ORDER VII, RULE 1 OF THE C.P.C READ WITH
                     SECTIONS 54, 55 & 62 OF THE COPYRIGHT ACT, 1957, prays for
                     judgment and decree for :
                                  (a) granting a permanent injunction, restraining the Defendants, by
                     themselves, their servants, agents, distributors, or anyone claiming through
                     them from reproducing by selling, advertising and or offering for sale by
                     using the impugned Copyright 'Nattuvagam techniques' as shown in
                     Document No. 2 or by using any other Copyright which is in any way
                     visually, phonetically or deceptively similar to the Plaintiff Copyright

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                                                                                            C.S. No.24 of 2020

                     'MRIDHANGAM NOTATIONS' as shown in Document No. 1 or in any
                     manner infringing the Plaintiff Copyright as shown in Document No. 1;


                                  (b) Directing the Defendants to surrender to the Plaintiff all the copies
                     of the impugned book of the 1st               Defendant's and all other materials
                     containing/bearing the Plaintiff's Copyright 'MRIDHANGAM NOTATIONS'
                     as shown in Document No.1;


                                  (c) For a preliminary decree in favour of the Plaintiff, directing the
                     Defendants' to render an account of profits made by them by the use of the
                     Copyright 'MRIDHANGAM NOTATIONS' as shown in Document No. 2
                     and for a final decree in favour of the Plaintiff for the amount of the profits
                     found to have been made by the Defendants, after the 1 st Defendant has
                     rendered accounts and


                                  (d) directing the 1st Defendant to pay to the Plaintiff the costs to the
                     suit.




                                        For Plaintiff              : Ms.Gladys Daniel

                                        For Defendants             : Mr.J. Srinivasa Mohan for D1
                                                                     Ms.G.P. Bhargavi for D2




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                                                                                          C.S. No.24 of 2020



                                                           JUDGEMENT

All the parties have arrived at a settlement. They have also exchanged

Memorandum of Compromise amongst themselves. They have agreed to

the terms of settlement. The learned counsel for the plaintiff has placed

before this Court the Memorandum of Compromise entered into between the

plaintiff and the defendants. Similarly the learned counsel for the

defendants has placed before this Court another copy of the Memorandum

of Compromise. The Compromise Memo placed before this Court by the

learned counsel for the defendants has been signed by the defendants and

the Compromise Memo filed by the learned counsel for the plaintiff has

been signed by the plaintiff. However, since the second defendant is in

Singapore all the parties could not sign in a single Memorandum of

Compromise. As seen from the Memorandum of Compromise entered into

between the plaintiff and the defendants, the following terms have been

agreed upon :-

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

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In the aforesaid terms, the suit is decreed. No costs.

22.12.2023 Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2

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

ABDUL QUDDHOSE, J.

vsi2

22.12.2023

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