In a defamation suit where the defendant did not appear, the plaintiff sought to withdraw the suit. Upon recording the plaintiff's memo, the court dismissed the suit as withdrawn, noting the matter was settled out of court.
Suit dismissed as withdrawn; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.02.2017
CORAM
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
C.S.No.308 of 2012
M/s.Access Atlantech Edutainment (I) Limited A Company having its registered office at No.29/8, Haddows Road,
Jayalakshmi Estate, 4th and 6th Floor, Chennai 600 006.
Represented by its Authorised Signatory
Vs.
M/s.Reliance Broadcast Network Limited having its Office at 152/153, Azam Arcade Kodambakkam High Road, Nungambakkam, Chennai 600 034 ... Defendant
Prayer:- Plaint filed under Order VII Rule 1 of CPC r/w
Order IV Rule 1 of Original Side Rules :
(a) directing the defendant to pay the plaintiffs, a sum of Rs.30,000/- as damages for the injury caused to the
plaintiffs by the acts of defamation by the defendant, along with interest at 18% per annum, from the date of filing of the suit till the date of realisation.
(b) of a permanent injunction restraining the
defendant, their agents, servants, employees, officials or any one claiming under or through them from publishing https://hcservices.ecourts.gov.in/hcservices/ circulating or broadcasting in any manner, the defamatory
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material or any other material with similar content, in any mode, form or medium whatsoever.
c. of a mandatory injunction directing the defendant
to publish, circulate and broadcast widespread advertisements, of the same frequency as the advertisements containing the defamatory material, apologizing for the publication, circulation and broadcasting of the defamatory material.
d. of a Mandatory Injunction directing the defendant, their men, servants, agents, employees or officials to surrender to the plaintiffs for destruction all brochures, advertisements, CD's, DVD's, print materials, pamphlets, screen prints, literature, sound recordings and any other material in any form or mode whatsoever, containing the information defamatory to the Plaintiffs.
e. directing the defendant to pay to the plaintiffs the legal costs of this suit.
For Plaintiffs : Mrs.Preethi Mohan
For Defendant : No appearance
JUDGEMENT
The learned counsel appearing for the plaintiffs
has filed a memo seeking permission to withdraw the suit. It appears that the matter has already been settled out of Court. Recording the memo, this suit is dismissed as https://hcservices.ecourts.gov.in/hcservices/
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withdrawn. Consequently, connected application is also closed. No costs.
sd/.N.S.K.J
06.02.2017
//Certified to be a true copy//
Dated this the day of 2017
R.s/03.04.2017 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies
of the Order/Judgment Decree in this format.
1 provisions across 1 enactments
M/s.Access Atlantech Edutainment (I) Limited and Rathish Babu Unnikrishnan
M/s.Reliance Broadcast Network Limited
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
