M/S.Thalappakatti Naidu v. Thalappakattu Briyani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.02.2018

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.521 of 2009 M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel, Rep. By its Partner, Mr.D.Nagasamy, No.15, East Car Street, Dindigul.

..Plaintiff Vs.

Thalappakattu Briyani, No.773, T.H.Road, Old Washermenpet, Chennai - 21.

Defendant Civil Suit filed under Order VII Rule 1 of Civil Procedure Code read with order IV Rule 1 of High Court O.S.

envelops, brochures, printing blocks, etc., bearing the offending Trademark for destruction and to pay costs of the suit. For Plaintiff : Mr.S.Vijayan For Defendant : No appearance.

JUDGMENT

Mr.S.Vijayan, learned counsel on record for the sole plaintiff is before this Commercial Division. Learned counsel submits that he has instruction from his client i.e., sole plaintiff to withdraw the suit.

2. Learned counsel has also made an endorsement in the suit file, which reads as follows:

"I have got instruction from plaintiff to withdraw the suit. I may be permitted to withdraw the suit.

Sd/- Counsel for Plaintiff 15.02.2018 S.Vijayan"

3. In the light of the submission made by the learned counsel for plaintiff and the endorsement made by learned counsel for plaintiff, which has been extracted supra, this suit will stand dismissed as withdrawn. No costs.

Mr.S.Vijayan, submits that there is no request for refund of Court fee in the light of the nominal Court fee that has been paid. This is recorded. 15.02.2018 ggi/gpa

M.SUNDAR, J.

ggi/gpa C.S.No.521 of 2009 14.02.2018