Amudha Nilayam Ltd., v. Alliance Company

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 15TH DAY OF JUNE, 2021 THE HON'BLE MR. JUSTICE R. SUBRAMANIAN C.S. No.119 of 2006 Amudha Nilayam Ltd Rep. by its Director, V. Kalyane, 17, Sripuram II Street, Royapettah, Chennai - 600 014.

..Plaintiff Vs.

1. Alliance Company, Rep. by its Proprietor Mr. V. Srinivasan, 244, Ramakrishna Mutt Road, Mylapore, Chennai - 600 004.

2. J. Swaminathan, 3[2], Norton First Street, Manavelipakkam, Chennai- 600 028.

3. J. Kumar 3[2], Norton First Street, Mandavelipakkam, Chennai - 600 028.

4. J. Murugan 3[2], Norton First Street, Mandavelipakkam, Chennai - 600 028.

5. J. Uma 3[2], Norton First Street,

Mandavelipakkam, Chennai - 600 028.

..Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a Judgment and Decree in favour of the Plaintiff and as against the Defendants (a) For a Permanent Injunction restraining the Defendants 1 to 5 herein, their men, agents, servants, authorized persons or any one claiming under the Defendants 1 to 5 or through them from infringing the copyright of the plaintiff by printing literary works of the Late lamented K.V. Jaganathan stated in the Schedule (b) To render account for the profits made out of selling the infringed copies of the literary works of Late lamented Ki.Vaa. Jaganathan mention in the schedule hereunder.

(c) For the cost of the suit.

This Suit coming on this day before this court for hearing in the presence of Mr. R. Harishankar, Advocate for the plaintiff herein and Mr.K. Harishankar, Avocate for the defendants 1 to 4 herein and upon reading the plaint filed herein and the learned counsel for the plaintiff having submitted that the suit itself has become infructuous and seeks permission to withdraw the suit, and this court doth recording the same, it is ordered as follows:- That the suit in C.S. No. 119 of 2006, be and is hereby dismissed as

withdrawn.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE JUSTICE MR. SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF JUNE, 2021.

Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

VF-12.07.2021 C.S. No.119 of 2006 ORDER :- DATED: 15.06.2021 THE HON'BLE MR. JUSTICE R. SUBRAMANIAN FOR APPROVAL: 13/07/2021 APPROVED ON: 15/07/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.119 of 2006 Amudha Nilayam Ltd., rep. By Its Director, V.Kalyane 17, Sripuram II Street, Royapettah, Chennai - 600 014.

...Plaintiff Vs.

1.Alliance Company rep. By its Proprietor, Mr.V.Srinivasan, 244, Ramakrishna Mutt Road, Mylapore, Chennai - 600 004.

2.J.Swaminathan, 3.J.Kumar 4.J.Murugan 5.J.Uma ...Defendants Prayer: Plaint filed under Section 55 & 58 of the Copy Right Act r/w. Order IV Rule I of the Original Side rules, praying as follows:- a) for a permanent injunction restraining the defendants 1 to 5 herein, their men, agents, servants, authorized persons or any one claiming under the defendants 1 to 5 or through them from infringing the copyright of the plaintiff by printing literary works of the Late lamented K.V.Jaganathan stated in the schedule.

b) to render account for the profits made out of selling the infringed copies of the literary works of Late lamented Ki.Vaa.Jaganathan mention in the schedule hereunder.

c) Cost of the suit.

d) for any other or direction this Hon'ble Court may deem fit and proper in the circumstances of the case.

For Plaintiff : Mr.R.Harishankar For Defendants : Mr.K.Harishankar for D1 to D4

J U D G M E N T

Mr.R.Harishankar, learned counsel appearing for the plaintiff would submit that the suit itself has become infructuous and seeks permission to withdraw the suit.

2.Recording the said statement, this suit is dismissed as withdrawn. No costs.

Sd./- R.S.M.J 15.06.2021 List of witness and documents filed on the side of the plaintiff: Nil List of witness and documents filed on the side of the defendants: Nil Sd./- R.S.M.J 15.06.2021 // Certified to be true copy// Dated at Madras this day of 2021. Court Officer(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.