Madras High CourtOSA/10/2016withdrawn dismissed

Easy Group Ip Licensing v. Premier Airways Ltd.,

2016-08-31Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN O.S.A.Nos.10 and 11 of 2016

1. easyGroup IP Licensing Limited 12 York Gate London NW 1 4QS United Kingdom now Known as easyGroup Ltd., At 10 Sydney Place, South Kensington London, SW7 3NL 2.easyJet Airlines Company Limited Hangar 8v9, London Luton Airport, Luton BEDFORDSHIRE, LU2 9PF United Kingdom .. Appellants in both Appeals versus 1.Premier Airways Limited A - 137, 2nd Street, 12th Main Road, Anna Nagar, Chennai 600 040 Now at AL 37, 2nd Street, 12th Main Road, Anna Nagar West, Chennai 600 040 2.Umapathy Pinaghapani Director Premier Airways Limited New No.13A, North Crescent Road, behind Jain Temple, G.N.Chetty Road, T.Nagar, Chennai 600 017.

now at AL 37, 2nd Street, 12th Main Road, Anna Nagar West, Chennai 600 040.

.. Respondents in both Appeals Appeals filed under Order 36 Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent Act, against the order and decretal order dated 27.08.2015 made in A.Nos.4133 and 4134 of 2010 in C.S.No.466 of 2010.

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For Appellants .. Mr.M.S.Bharath For Respondent .. Mr.Arun C.Mohan * * * * *

J U D G M E N T

(Judgement of the Court was delivered by The Hon'ble Chief Justice) Learned counsel for the appellants states that he received instruction to withdraw the appeals on account of the fact that the respondents have not shown their ability to launch the Airlines for the last six years and there are criminal proceedings pending against the respondents. He however seeks leave, if there is any fresh cause of action, liberty may be given to file an interlocutory application in the suit. Endorsement made.

Liberty granted.

The Original Side Appeals are dismissed as withdrawn, leaving the parties to bear their own costs. Consequently, connected miscellaneous petitions are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar ksr To 1.The Sub Assistant Registrar Original Side, High Court, Madras-104 +2 ccs to Mr.M.S.Bharath Advocate sr 49917 +1 cc to Mr.Arun C.Mohan Advocate sr 49647 O.S.A.Nos.10 and 11 of 2016 aa15/09/2016 https://hcservices.ecourts.gov.in/hcservices/