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Madras High CourtCS/438/2017withdrawn dismissed

M/S.M.K.Enterprise v. Balaji Real Media Pvt.Ltd.

2022-06-23Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2022

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY M/s.M.K.Enterprise, Rep. by A.Kumar, Partner, No.7, 1st Floor, 7th Street, Shenoy Nagar, Chennai - 600 030.

... Plaintiff vs.

Balaji Real Media Pvt. Ltd.

Rep. by its Director, Thandra Ramesh having Registered Office at Flat No.D&E, Ranjana Park Apartment, (1st Floor) No.22, Banumathi Ramakrishna Road, Saligram, Chennai - 600 093.

... Defendant PRAYER: Plaint filed under Order IV Rule 1 of O.S.Rules and Order VII Rule 1 CPC 1908, prayed for Judgment and Decree:- 1/4

(i) For directing the Defendant to pay to the Plaintiff a sum of Rs.1,50,00,000/- together with further interest at 24% per annum thereon from the date of Plaint till date of realization, and (ii) For permanent injunction restraining the Defendant, their agents, servants, distributors or anybody claim through or under them from in any manner releasing, distributing, exhibiting or exploiting the picture titled "PRODUCTION NO.5" (Telugu-colour) now titled as "AARADUGULA BULLET" featuring Gopichand, Nayanthara etc., anywhere in the charged areas of Tamil Nadu State and Andhra Pradesh including Telangana without settling the dues of the Plaintiff as per the agreement dated 02.05.2012 among the Plaintiff and the Defendant or in any other manner whatsoever; (iii) For costs of the suit.

For Plaintiff : Mr.A.Chidambaram For Defendant : Mr.K.C.Krishnamurthy ********** 2/4

J U D G M E N T

Pursuant to negotiations, the parties entered into a settlement agreement dated 21.06.2022. In terms thereof it was agreed that the defendant would pay the plaintiff a sum of Rs.5,00,00,000/- in the manner specified therein. The plaintiff further agreed to withdraw the pending suits, including C.S.No.438 of 2017.

2. Learned counsel for the plaintiff has made an endorsement for the withdrawal of the suit. Therefore, C.S.No.438 of 2017 is dismissed as withdrawn without any order as to costs. Since the withdrawal is on account of a settlement, the plaintiff shall be entitled to a refund of the full Court fee. Consequently, connected applications if any closed. 23.06.2022 (2/2) rna Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J rna 23.06.2022 4/4