M/S.Payoda Technologies Pvt Ltd, v. M/S.Photon Infotech Pvt.Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2021

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM and A.No.5924 of 2015 and OA.No.838 of 2014 M/s.Payoda Technologies Pvt Ltd., Having its registered Office at 42-A, Sengupta Street, Ramnagar, Coimbatore -641 009 And Office at ELCOT IT SEZ, First Floor, Tidel Park, Coimbatore 641 014 represented by its Chief Financial Officer, Mr.K.Kamaraj ... Plaintiff Vs.

1. M/s.Photon Infotech Pvt Ltd., Having its registered Office at 7th Cross Street, Shastri Nagar, Adyar, Chennai 600 020.

2. Srinivas Balasubramaniam Chief Executive Officer Photon Infotech Private Limited 7th Cross Street, Shastri Nagar, Adyar, Chennai 600 020.

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3. Mukund Balasubramaniam Chief Technology Officer, Photon Infotech Private Limited 7th Cross Street, Shastri Nagar, Adyar, Chennai 600 020.

4. Google Inc 1600 Amphitheatre Parkway Mountain View, CA 94043 United States of America Represented by its Chief Executive Officer

5. Googel India Pvt Ltd., No.3, RMZ Infinity -Tower E Old Madras Road, 3rd , 4th, and 5th Floors Bangalore, 560 016, India Representing by its Managing Direcor .... Defendants ( Defendants 4 and 5 deleted as per order dated 29.08.2019 in A.No.226/16 & 4375/15 and time extended as per order dated 11.01.2021) Prayer: Civil Suit is filed under Order VII Rule 1 of CPC r/w Order IV Rule 1 of Original Side Rules, to pass a judgment and decree: a) of damages in favour of the plaintiff and against the defendants 1 to 3 jointly and severally for an amount of Rs.1,00,00,000/- (Rupees One Crore only); b) of permanent injunction restraining the defendants their associates, sister concerns, agents, officers, employees from making any derogatory references to the plaintiff or its management in communications by email or any other method to any customer or prospective customer or banker of the plaintiff or to 2/5

electronic media or to press media or any other media or to any other person with a view to affect the business and reputation of the plaintiff; c) of mandatory injunction directing the 4th and 5th defendant to give a status, verification and authentication report of the plaint schedule emails to the plaintiff and d) awarding exemplary costs and costs of the suit in favour of the plaintiff and against the defendants 1 to 3 and For Plaintiff : Mr.R.Rajesh For Defendants : Mr.K.Moorthy for D1 to D3

JUDGMENT

The learned counsel for the plaintiff has submitted that matter is settled out of court and hence the suit may be dismissed as settled out of court. He also made an endorsement to that effect.

2. Recording the aforesaid submissions and also the endorsement made, this Civil Suit is dismissed as settled out of Court. No costs. Consequently, connected applications in A.No.5924 of 2015 and OA.No.838 of 2014 are closed.

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3. The Registry is directed to re-fund the court fees as per the rules. 26.02.2021 Vv 4/5

P. RAJAMANICKAM,J.

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