A plaintiff sought relief for advance payment, compensation loss, injunction against a film release, and costs. The suit was dismissed for non-prosecution due to failure to appear for tendering evidence and non-attendance before the Additional Master.
Costs: None awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16. 1 1 . 2 0 1 6
CORAM
THE HONOURABLE MR. JUSTICE C. V . K A R T H I K E Y A N
C. S . N o . 7 0 9 of 20 1 0
M/s. Samarth Creations Rep. by its Proprietor Mr.Gopi Shastri at No. 26, 5th Cross K.R.Road 7th Block West, Jeyanagar Bangalore
Represented by Power of Attorney Agent
Mr.R.Selvakumar ... Plaintiff
V s.
P R A Y E R : This Civil Suit filed under Order IV Rule 1 O.S. Rules and Order VII Rule 1 CPC, praying for the following reliefs:
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(a) directing the first defendant to pay a sum of Rs.2,82,669/- being the advance project cost of Rs.99,000/- together with accrued interest payable thereon from 15.06.2005 to till date to the plaint and further interest at 12% p.a., from the date of plaint and till the date of realisation.
(b) directing the first defendant to pay a sum of Rs.23,00,000/- being the compensation for the loss of income suffered by the plaintiff;
(c) pass a decree for a permanent injunction restraining the defendants herein, their men, agents, servants and any one claiming under them from releasing the Tamil Film “Kadhal Solla Vandhen” on 13.08.2010 or on subsequent dates; and
(d) Award the cost of the suit.
The matter has been posted before this Court today under the caption 'for
dismissal'.
2. The learned Additional Master No.IV had noted that the plaintiff has
not appeared before him consecutively for recording of evidence. The defendants
had also been set ex-parte. However, the petitioner has not appeared before the
learned Additional Master No.IV for tendering his evidence. Hence, this Civil Suit
is dismissed for non-prosecution. No costs.
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16.11.2016
vsg
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C. V . K A R T H I K E Y A N , J.
vsg
C. S . N o . 7 0 9 of 20 1 0
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16. 1 1 . 2 0 1 6
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1 issue framed by the court
Whether the civil suit for relief regarding advance payment, compensation, injunction, and costs should proceed despite non-attendance.
2 provisions across 1 enactments
C. V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
