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Madras High CourtOSA(CAD)/160/2021withdrawn dismissed

Mahalearning Education Private Limited v. Mahalearning Tab India

2022-01-03Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU OSA (CAD) No.160 of 2021 Mahalearning Education Private Limited Having its registered office at G1, 22/43 TP Koil Street, Triplicane Chennai 600 005 Rep. by its Managing Director Krishnaveni Kannan.

..

Appellant Vs.

1. M/s. Mahalearning Tab India Partnership Firm having its office at D-44/3, East of Kailash New Delhi Rep. by its Partners Mahesh Verma and Deepti Verma.

2. Mahesh Verma

3. Deepti Verma

4. Maha Tab Learning India Private Limited Having office at D-44, Second Floor, Sector-2 Gautam Buddha Nagar Noida, Uttar Pradesh 201 301.

5. Abhinav Chauhan

6. Renu Chauhan

7. Avyyan Mahalearning Private Limited Having Office at A-26, Sector 17 Gautam Buddha Nagar Noida Uttar Pradesh 201 301.

8. Venkatachalapathy Educational Development Association Also called as VEDA TRUST A Private Trust having office at New No.2, Old No.7 Indiraniammal Street Mylapore Chennai 600 004.

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Respondents Prayer: Appeal filed under Section 13 of the Commercial Courts Act, 2015 read with Order XXXVI, Rule 2 of O.S. Rules read with Clause 15 of the Letters Patent, against the order dated 06.09.2021 made in A.No.2810 of 2021 in C.S. (Comm. Divn.) No.759 of 2018.

Prayer in A.No.2810 of 2021 : To receive the additional documents as mentioned in the schedule to the Judges Summons. Prayer in C.S.(Comm. Divn.) No.759 of 2018 : A Permanent Injunction restraining the defendants 1 to 7 their men agents and servants including person acting through them from acting representing or holding out in any manner and in any capacity for and on behalf of the plaintiff under the agreement dated 05 May 2015 (Copy Right) For the Appellant : Mr.N.P.Vijay Kumar

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Acting Chief Justice) Learned counsel for the appellant prays for withdrawal of the appeal to take other remedy as is available under law.

2. In view of the above, the appeal is dismissed as withdrawn with liberty as prayed for.

Schedule A. Charge Sheet filed under Section 173 Cr.P.C. before The Court of SH Manish Khurana, LD/CMM/South East, Saket Courts, Delhi. B. The Balance Sheet of 1st Respondent firm as at 31.03.2016 & Profit and loss account.

C. The Balance Sheet of 1st Respondent firm as at 31.03.2017. Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar kpl/drm To:

The Sub Assistant Registrar Original Side High Court, Madras +3cc to Mr.N.P.Vijay Kumar,Advocate,S.R.No.772 (25/03/2022) OSA (CAD) No.160 of 2021 KSM(CO) GMY(07/01/2022)