M/S.People Infocom Pvt.Ltd v. M/S.Agi Music Sdn Bhd And 2 Others

A.No.2975 of 2021 in C.S.No.187 of 2010 A.No.2975 of 2021 in C.S.No.187 of 2010 R.SUBRAMANIAN, J.

This application has been filed by the plaintiff in the suit seeking to withdraw the suit with liberty to file a fresh suit in respect of the subject matter, if fresh cause of action arises.

2. The plaintiff claims under an agreement dated 20.07.2006 and the same expired on 20.07.2011. The right that was vested in the plaintiff under the said agreement was for Exclusive Ring Tone Content Serving/Telecom Rights. Since, now that the very agreement has expired, the plaintiff does not want to press the suit in respect of the relief for infringement.

3. Mr.K.Harishankar, learned counsel appearing for the plaintiff would submit that some of the defendants in the suit had made a claim for damages against the plaintiff and he should be allowed to defend, if any future claim is made by any of the defendants. R.SUBRAMANIAN,J.

Page No.1/2 https://www.mhc.tn.gov.in/judis/

A.No.2975 of 2021 in C.S.No.187 of 2010 ep/dsa

4. It is always open to the plaintiff to raise all defenses in any claim that could be made by the defendants.

5. With the observations, this application is ordered and the suit is dismissed as withdrawn.

31.08.2021 ep/dsa Page No.2/2 https://www.mhc.tn.gov.in/judis/