Mahesh Kumar Khandelwal v. K.Boopathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T) OP(CR)/12/2024 (ORA/Diary No.3228/2017/CR/CHN) Shri.Mahesh Kumar Khandelwal Director - M.K.K.Metal Section Pvt Ltd., No.73, New Aavdi Road, Kilpauk, Chennai 600 010.

... Petitioner -vsK.Boopathi Son and Legal Heir of G.Kesavalu Naidu @ Kesavan Proprietor M/s.Geekay Tubes No.12, 3rd Floor, 3rd Cross, Kalasipalyam New Extension, Bangalore 560 002.

... Respondent PRAYER: Transfer Original Petition (Copy right) filed under Section 50 of the Copy right Act, 1957, praying to pass an order directing the Registrar of Copy right to obstruct further processing in the application filed by the respondent in Diary No.866/2016-CO/A and 1/4

or any other application / applications filed by the respondent and nullify the same; declaring that the respondent is not the author of the aforesaid artistic work covered by the impugned registration application filed by the respondent, and expunging copyright entries A-71223/2015, dated 29.04.2005 and any other entry / entries remaining in the name of the above respondent and his late father G.Kesavalu Naidu immediately without further delay and award costs.

For Petitioner : No Appearance For Respondent : No Appearance **********

ORDER

This petition was filed before the Intellectual Property Appellate Board. Upon being returned for rectification of defects, defects were not rectified. At the hearing on 07.08.2024, notice was 2/4

issued to the petitioner. The bailiff's report indicates that notice could not be served because there is no such office functioning at the address. In these circumstances, (T)OP(CR/12/2024 is dismissed for non-prosecution without any order as to costs. 03.09.2024 rna Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J rna (T)OP(CR)/12/2024 (ORA/Diary No.3228/2017/CR/CHN) 03.09.2024 4/4