M/S.Alstom T&D India Ltd. v. Megawin Switchgear Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2020

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN M/s ALSTOM T & D INDIA LIMITED, 19/1, GST Road, Pallavaram, Chennai-43, Represented by its Deputy General Manager(R&D), Mr.B.Hasheem Majid.

(amended as per order dated 27/8/2012 in Application No.3053/2012) .. Plaintiff /versus/ 1.MEGAWIN SWITCHGEAR PVT. LIMITED, Having its Registered Office at 93, Arunachala Asari Street, Salem-636 001.

2.MEGAWIN SWITCHGEAR PVT. LIMITED, Having its Local Office at Saikiran Apartments, 3rd Floor, No.4, 1st Main Road, Kasturibai Nagar,Adyar, Chennai 00 020.

3.Mr.S.Vijayaraghavan, Employed with MEGAWIN SWITCHGEAR PVT. LIMITED, P.O.No.434, Alagapuram Post, Perumal malai Adivaram Street, Salem-636 004.

4.Mr.K.Subramanian, Employed with MEGAWIN SWITCHGEAR PVT. LIMITED, P.O.No.434, Alagapuram Post, Perumal malai Adivaram Street, Salem-636 004.

.. Defendants 1/4

Prayer:

Civil Suit has been filed under Order VII, Rule 1 of C.P.C read with Order IV, Rule 1 of O.S. Rules,praying to pass a judgment and decree jointly and severally against the defendants:(a) for a permanent injunction restraining the 1st defendant from manufacturing of the products identical to that of the products of the plaintiff vi., (i)Trip Circuit supervision Relay-Type VAX MK II and (ii) Tipping Relay-Type VAJ; (b)directing the 1st defendant to withdraw such offending products from the market immediately; (c)damages for loss of reputation and business to the tune of Rs.1,00,00,000/- (Rupees one crore only); and (d) for costs of the suit. For Plaintiff :Mr.Krishna Srinivasan for M/s S.Ramasubramaniam & Asso.

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J U D G M E N T

When the case was taken up for hearing on 27.01.2020, this Court has passed the following order:

"Despite fixing the hearing schedule as per the Case Management Hearing, the plaintiff has not commenced the examination of his witnesses for the past two months.

Hence, the Master has reverted the file to the Court for further orders.

2.The suit is of the year 2007 and in spite of giving adequate opportunity, the plaintiff has not pursued the suit.

3.Hence, post the matter for dismissal on 12.02.2020."

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2. In conjunction with the order passed by this Court on 27.01.2020, this Civil Suit is dismissed for default. No costs. 13.02.2020 Index:yes/no Internet:yes/no Speaking order/non speaking order ari 3/4

Dr.G.JAYACHANDRAN,J.

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