Madras High CourtCS/574/2009dismissed for nonprosecution

The Indian Institute Of v. Prompt Publications & Trade

2017-02-28Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 28.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.574 of 2009 The Indian Institute of Architects, Tamil Nadu Chapter, Rep. By its Chairman Prof. Fenn Rajaratnam ... Plaintiff

Versus

1. Prompt Publications & Trade Fairs Rep. By its E. Udayakumar

2. Tamil Nadu Trade Promotion Organisation Rep. By its Managing Director K.S.Kandaswamy

3. The Coimbatore District Small Industries Association rep. By its President ... Defendants PRAYER : The Civil Suit filed under Order VII Rule 1 of Civil Procedure Code Order IV Rule 1 of O.S. Rules praying for the following reliefs :

a) Directing the 1st Defendant to pay a sum of Rs.25.00 lakhs towards damages caused by the 1st defendant for spoiling the reputation and for mental agony and sorry suffered by the Members of the Plaintiff-Association and for using the name and logo of the plaintiff by the 1st defendant without the permission and consent of the plaintiff, with interest at the rate of 12% per annum from the date of the Plaint till the date of realisation.

b) For permanent injunction restraining the 1st defendant from organizing the India-International Building Expo 2009 either at Chennai

and Coimbatore as proposed by him or at any other place, either on 11th, 12th and 13th of July 2009 at Chennai Trade Center and 19th, 20th and 21st September 2009 at Codissia, Coimbatore or at any other subsequent dates, by using the name and logo of the plaintiff and or using the words "in association with" the plaintiff. c) Permanent Injunction restraining the 2nd defendant from promoting the India-International Build Expo 2009 Exhibition by the 1st defendant by using the name and logo of the plaintiff and using the words "in association with" the plaintiff at Chennai Trade Centre, Chennai, either on 11th, 12th and 13th of July 2009 or at any other subsequent dates.

d) Permanent Injunction restraining the 3rd defendant from promoting the India-International Build Expo 2009 Exhibition by the 1st defendant by using the name and logo of the plaintiff and using the words "in association with" the plaintiff, at Codissia, Coimbatore, either on 19th, 20th and 21st of September 2009 or at any other subsequent dates and e) Award the cost of the suit For Plaintiff : No appearance For Defendants : Mr.P.Babu *******

J U D G M E N T

Earlier, when the suit was taken up for hearing on 13.02.2017, there was no representation on behalf of the plaintiff, therefore, this Court requested to issue notice to the plaintiff indicating the date of hearing on 21.02.2017 under the caption "for dismissal".

2. Thereafter on 21.02.2017, when the suit was taken up for hearing, there was no representation for the plaintiff and the matter was

posted on 28.02.2017 under the caption "for dismissal".

3. Even today, when the suit is taken up for hearing there is no representation for the plaintiff and it is seen that the plaintiff is not interested in prosecuting the suit.

4. Therefore, the suit is dismissed for non prosecution. No costs. 28.02.2017 Index:yes/no Internet:yes vsi2

C.V.KARTHIKEYAN, J.

vsi2 Judgment in C.S.No.574 of 2009 28.02.2017 http://judis.nic.in