The Periyar Self Respect v. Periyar Dravidar Kazhagam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 31.10.2022

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR 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 Page Nos.1/6

(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

J U D G M E N T

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 Page Nos.5/6

M.SUNDAR, J.

mk 31.10.2022 (1/2) Page Nos.6/6