M/S.Bvm Global Educational Trust v. Think And Learn Pvt. Ltd. (Byju)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.11.2022

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR (Comm. Suit) M/s.BVM Global Education Trust Rep. by Mr.Ramana Prasad, Managing Trustee No.9, First Cross Street, Karpagam Garden Chennai-600 020.

.. Plaintiff Vs.

Think & Learn Pvt. Ltd (BYJU's) Represented by Promoter & Director Mr.Byju Raveendran Having Office at Prince Kushal Towers No.96, 4th Floor, General Patters Road Chennai-600 002 and registered office at 2nd Floor, Tower D, IBC Knowledge Park 4/1 Bannerghatta Main Road Bengaluru - 560 029.

.. Defendant This Civil Suit is preferred, under Section 2(1)(viii) & (xxii) of Commercial Courts Act, 2015 read with Order VII Rule 1 of CPC, praying Judgment and Decree (a) Directing the defendants to pay a sum of Rs.2,25,00,000/- being the damages as well as the amount due to be paid to the plaintiff under the contract by the defendant;

Page Nos.1/4

(b) For permanent injunction restraining the defendant from conducting classes as for the terms of the agreement within 6 kms radius till the end of academic year 2021;

(c) For the cost of the suit;

For Plaintiff :

Mr.G.Surya Narayanan For Defendant :

Mr.P.R.Dhilip Kumar

J U D G M E N T

Captioned suit is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.

2. Mr.G.Surya Narayanan, along with Ms.Jayasudha, learned counsel on record for sole plaintiff and Mr.P.R.Dhilip Kumar, learned counsel on record for lone defendant are before this Commercial Division.

3. Learned counsel for sole plaintiff submits that the plaintiff has given instructions to the counsel on record for 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: Page Nos.2/4

4. Aforementioned endorsement is reiterated in the hearing.

5. Learned counsel for plaintiff submits that in the course of plaintiff's side evidence, certain documents have been marked as exhibits. Learned counsel submits that Ex.P.23 to Ex.P.35 are originals and requests this Commercial Division to direct the Registry to permit the plaintiff's counsel to replace the same with certified copies and take back the originals. Learned counsel for defendants does not oppose this request.

6. Registry to return the originals of Ex.P.23 to Ex.P.35 to learned counsel on record for plaintiff under due acknowledgment subject to the condition that Ex.P.23 to Ex.P.35 are replaced with certified copies by plaintiff counsel.

Page Nos.3/4

M.SUNDAR, J.

mk

7. In the light of the narrative thus far, captioned suit is dismissed as withdrawn. There shall be no order as to costs. 07.11.2022 Index : Yes/No Speaking/Non-speaking order mk (Comm. Suit) Page Nos.4/4