Mr.B.P.Haribabu v. K.S.Balakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE B. P. Haribabu .. Plaintiff vs.

1. K. S. Balakrishnan 35/18, Chengalvarayan Street, Narayana Krishnaraja Puram, Triplicane, Chennai - 600 005.

2. Rhythms Aesthetic Society Having office at Block-102, Yishun Ave 5,#04-107, Singapore-760 102 ...

Defendants Prayer : PLAINT UNDER ORDER IV, RULE 1 OF THE ORIGINAL SIDE RULES AND ORDER VII, RULE 1 OF THE C.P.C READ WITH SECTIONS 54, 55 & 62 OF THE COPYRIGHT ACT, 1957, prays for judgment and decree for :

(a) granting a permanent injunction, restraining the Defendants, by themselves, their servants, agents, distributors, or anyone claiming through them from reproducing by selling, advertising and or offering for sale by using the impugned Copyright 'Nattuvagam techniques' as shown in Document No. 2 or by using any other Copyright which is in any way visually, phonetically or deceptively similar to the Plaintiff Copyright 1/6

'MRIDHANGAM NOTATIONS' as shown in Document No. 1 or in any manner infringing the Plaintiff Copyright as shown in Document No. 1; (b) Directing the Defendants to surrender to the Plaintiff all the copies of the impugned book of the 1st Defendant's and all other materials containing/bearing the Plaintiff's Copyright 'MRIDHANGAM NOTATIONS' as shown in Document No.1;

(c) For a preliminary decree in favour of the Plaintiff, directing the Defendants' to render an account of profits made by them by the use of the Copyright 'MRIDHANGAM NOTATIONS' as shown in Document No. 2 and for a final decree in favour of the Plaintiff for the amount of the profits found to have been made by the Defendants, after the 1st Defendant has rendered accounts and (d) directing the 1st Defendant to pay to the Plaintiff the costs to the suit.

For Plaintiff : Ms.Gladys Daniel For Defendants : Mr.J. Srinivasa Mohan for D1 Ms.G.P. Bhargavi for D2 2/6

JUDGEMENT All the parties have arrived at a settlement. They have also exchanged Memorandum of Compromise amongst themselves. They have agreed to the terms of settlement. The learned counsel for the plaintiff has placed before this Court the Memorandum of Compromise entered into between the plaintiff and the defendants. Similarly the learned counsel for the defendants has placed before this Court another copy of the Memorandum of Compromise. The Compromise Memo placed before this Court by the learned counsel for the defendants has been signed by the defendants and the Compromise Memo filed by the learned counsel for the plaintiff has been signed by the plaintiff. However, since the second defendant is in Singapore all the parties could not sign in a single Memorandum of Compromise. As seen from the Memorandum of Compromise entered into between the plaintiff and the defendants, the following terms have been agreed upon :- 3/6

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In the aforesaid terms, the suit is decreed. No costs. 22.12.2023 Index: Yes/ No Speaking order / Non speaking order vsi2 5/6

ABDUL QUDDHOSE, J.

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