A.R.Safiullah v. Mr Daniel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN A.R.Safiullah Sole Proprietor & trading as, S.A.Safiullah & Co., 152, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.

and also at 9610, Rajagopalapuram Main Road, Pudukottai - 622 003, Tamilnadu.

...Plaintiff Vs.

1.Daniel, Proprietor trading as M/s.Jayam Traders, 15/10, Arumugam Road, Sivakasi.

2.M/s.Jayam Industries, Rep. By its partner Mrs.Indira Daniel, 15/10, Arumugam Road, Sivakasi.

3.M.A.Rajabudden, Proprietor, trading as M/s.Shalimar Traders, 35/975/210A, Parambil, Kollam - 691003.

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4.Mariappan, trading as Sivagami Agencies, 115, North Car Street, Sivakasi.

Defendants Prayer: Plaint filed under Order VII Rule 1 of C.P.C r/w Order IV Rule 1 of the Original Side rules r/w. Sections 48, 104, 108 of the Patients Act, 1970, praying as follows:- a) a permanent injunction restraining the defendants by themselves, their partners, heirs, their legal representatives, successors-inbusiness, agents, stockists, distributors, assigns, representatives, or any one claiming under them from in any manner infringing the plaintiff's registered patent under No.

c) the defendants be ordered to surrender for destruction to the 2/6

plaintiff all materials and implements used for creation of the infringing goods to be forfeited or destroyed as the Court deems fit in the facts and circumstances of the case;

d) the defendants be directed to pay to the plaintiff, a sum of Rs.10,05,000/- as damages;

e) for costs of the suit.

For Plaintiff : Mr.Rahul M.Shankar For Defendants : Ms.Janani Sankar for Mr.N.Kishore Kumar for D1 & D2 Mr.K.Chandrasekar for D3 Mr.D.Ferdinand for D4

J U D G M E N T

Mr.Rahul M.Shankar, learned counsel appearing for the plaintiff would submit that the dispute between the parties has been resolved and nothing survives in the suit. Hence, he seeks to withdraw the suit. 2.In view of the same, this suit is dismissed as withdrawn. No costs.

kkn Internet:Yes Index:No 3/6

Non-Speaking 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 kkn 4/6

R.SUBRAMANIAN, J.

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