Mrs.Lakshmi Venkatachalam (Deceased) v. M/S.Commercial Laws Of India Pvt. Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
1. Lakshmi Venkatachalam (Deceased)
2. P.V.Venkatachalam
3. P.V.Ramachandran
4. Parvathi A.Shankar
5. P.V.Alamelu ... Plaintiffs in C.S.No.158 of 1998 (plaintiffs 2 to 5 are brought on record as legal heirs of the deceased sole plaintiff as per the order dated 07.07.2022 in Application No.2516 of 2022 in C.S.No.158 of 1998) Parvathi A.Shankar ... Plaintiff in C.S.No.159 of 1998 P.V.Ramachandran ... Plaintiffs in C.S.No.160 of 1998 P.V.Alamelu ... Plaintiffs in C.S.No.161 of 1998 Vs
1. M/s. Commercial Laws of India Pvt. Ltd.,
2. V.Subramanian
3. Sekhar
4. M/s.Company Law Institute of India Pvt. Ltd., ... Defendants in all Civil Suits Common Prayer: This Civil Suits are filed under Order IV Rule 1 of O.S. Rules and sections 55 & 62 of Copy Right Act r/w. Order VII, Rule 1 of C.P.C., prayed for a Judgment and Decree jointly or severally:- 1/4
a) for permanent injunction restraining the defendants their men, agents or representatives or any one claiming rights under the defendants from in any way releasing, selling, marketing, alienating or otherwise disposing the "STC on line" containing the materials in volumes 15, 16, 25, 26, 43, 44, 29, 30 and 45 of Sales Tax Cases in any form or manner either in part or whole; b) directing the defendants to pay the costs of the suit to the plaintiff. For Plaintiffs : Ms.Harhavardhini for in all C.S.
Mr.M.Balachander For Defendants : Mr.A.LSomayaj, Senior counsel for in all C.S.
Mr.V.Perumal COMMON JUDGMENT The plaintiffs are the copy right holders of the publication called "Sales Tax Cases" (STC). The defendants appeared to have utilized the case published volumes 15, 16, 25, 26, 29, 30, 43, 44 and 45 in their one on-line publication namely "STC on line". The prayer in all these suits are identical except the volume numbers.
2. Both the defendants have filed a written statement in the above suits wherein they have undertaken that they will not use any materials contained in STC Volumes 15, 16, 25, 26, 29, 30, 43, 44 and 45 2/4
in future in the GST Laws or in the CD Rom. The same is reproduced hereunder for better appreciation:
"30. Further, the Defendant undertakes not to use any materials contained in STC Volumes 15, 16, 25, 26, 29, 30, 43, 44 and 45 in the future in the GST Laws or in the CD Rom. Therefore, it is prayed that the present suit may be closed recording the undertaking contained in this paragraph."
3. The learned senior counsel appearing for the defendants states that the above undertaking of the defendants in the respective suits may be recorded and the suit be decreed.
4. The learned counsel for the plaintiffs has no objection for decreeing the suit in terms of the above undertaking of the defendants. The above understanding of the defendants stand recorded. Accordingly, the civil suits are decreed in terms of the above understanding. No costs. 16.02.2023 Index : Yes / No Speaking Order/Non-Speaking Order vum 3/4
C.SARAVANAN, J.
vum 16.02.2023 4/4