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Madras High CourtCS/518/2016dismissed for default

M/S.Green Media Designs v. M/S.Vijaya Bhargavi

2021-04-20Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.04.2021 Coram::

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN M/s.Green Media Designs, Rep. by its Partner, R.Purushothaman, having Office at No.54, Jubli Road, A2, Mahaathi, West Mambalam, Chennai.

... Plaintiff /versus/

1. M/s.Vijaya Bhargavi Entertainment, Represented by its Power Holder, Mr.T.Mannan, No.8/28, Gopalakrishnan Road, T.Nagar, Chennai - 600 017.

Also at No.2C, 1st Floor, Veekay Manor, Gopalakrishnan Iyer Road, T.Nagar, Chennai - 600 017.

2. M/s.Real Image Media Technologies (P) Ltd., Represented by its Chief Office, Mr.Anil, No.42, Dr.Ranga Road, Mylapore, Chennai - 600 004.

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3. M/s.Gemini Colour Laboratory, Gemini Industries and Imaging Private Ltd, No.28, New Bangaru Colony, K.K.Nagar, Chennai - 600 078.

... Defendants Prayer: Civil Suit is filed under Order VII Rule 1 of C.P.C read with Order IV Rule

(1) of the Original Side Rules.

(a). Directing the 1st defendant to pay a sum of Rs.1,02,95,480/- to the plaintiff and pay further interest at 16% p.a from the date of plaint till date of realization. (b). For a permanent injunction restraining the 1st defendant, its men, agents, representatives, assigns, distributors or any one working for them or claiming under them from releasing the Tamil move "WAGHA" starring Vikram Prabhu, Ramya and others directed by G.N.R.Kumarvel and Music by D.Imman. (c). For a permanent injunction restraining the 2nd and 3rd defendants from parting with any digital material or content of any nature relating to the Tamil Film titled "WAGHA" starring Vikram Prabhu, Ramya and others directed by G.N.R Kumarvel and Music by D.Imman in view of the specific "Chennai City Area" charge/pledge agreement dated 04.09.2015 made in favour of the plaintiff. (d). direct the 1st defendant to pay the cost of the suit. For Plaintiff : No appearance For D1 : Mr.K.Arun Pradesh, for A.A.V.Partners.

For D2 & D3 : set exparte 2/4

J U D G M E N T

J U D G M E N T

On 07.07.2020, after completion of pleadings, this Court framed issues for trial and adjourned the matter on 21.07.2020 for case management hearing. Since then, the matter being adjourned for eight hearings, however, the parties have not come out with case management schedule.

2. Today i.e., 20.04.2021, when the case is came up for hearing, there is no representation for the plaintiff. Hence, this Court has no other go to dismiss the suit for default. Accordingly, the suit is dismissed for default. No costs. 20.04.2021 Index :Yes/No.

Speaking Order/Non-speaking order bsm 3/4

Dr.G.Jayachandran,J.

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