M/S.Thalappakatti Naidu v. Thiru. Abdul Alaudeen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:15.02.2018

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.534 of 2009 M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel Rep. by its Partner Mr.D.Nagasamy No.15, East Car Street Dindigul .. Plaintiff Vs.

Thiru Abdul Alaudeen Thalappakattu Biriyani & Fast Food (Licence No.11) 38A Jeenis Road Saidapet Chennai - 600 015 ..

advertisements, materials, reports, envelops, brochures, printing blocks etc., bearing the offending Trademark for destruction; and for costs of the suit.

For Plaintiff : Mr.S.Vijayan For Defendants : 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 my client to withdraw the suit. I may be permitted to withdraw the suit.

Sd/- Counsel for Plaintiff 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endorsement made by learned counsel for plaintiff, which has been extracted supra, this suit will stand dismissed as withdrawn.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.

Speaking/Non-Speaking order

M.SUNDAR, J.

gpa C.S.No.534 of 2009