Dismissed
Metco Polymers Pvt. Ltd, v. M/S.Anb Healthcare Products
Madras HCCS/835/2007
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COURT OF JUDICATURE AT MADRAS Dated:…
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.12.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.835 of 2007
1.Metco Polymers Private Limited
No.13, Cenotaph Road
Chennai – 600 018.
Rep. by its Director
Mr.Rahul Ranganathan.
2.Mr.Pradeep Ranganathan .. Plaintiffs
Vs.
1.M/s.AnB Healthcare Products
A Partnership Firm
Rep. By its Partner
Mr.Abdul Azeez
No.134, 2 nd Floor
Mettu Street
Ayanavaram, Chennai – 600 023.
2.Mr.Abdul Azeez
(Father's name not known to the
plaintiff)
Partner
M/s.AnB Healthcare Prodcuts
No.134, 2 nd Floor
Mettu Street
Ayanavaram, Chennai – 600 023.
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3.Mr.Balaji
(Father's name not known to the plaintiff) Partner M/s.AnB Healthcare Products No.134, 2nd Floor Mettu Street Ayanavaram, Chennai – 600 023.
.. Defendants
This Civil Suit is preferred, under Order IV Rule 1 of O.S Rules, 1956 read with Sections 108 and 109 of Patents Act 1970 as amended by the patents (Amendment) Act, 2005, praying
a) For a permanent injunction restraining the defendants, their dealers, distributors, agents, servants, men or any person claiming through or under them from in any manner infringing upon the Registered Patent granted to the second plaintiff in respect of the manufacture and sale of the product articles viz., “water beds”;
b) Directing the defendants to render true and proper accounts to the plaintiffs in respect of the manufacture and/or sale of the product water beds and consequently directing the defendants to pay the damages to the plaintiffs at such sum determined, upon such enquiry;
c) Costs of the above suit; and
d) Such other reliefs in the interest of justice.
For Plaintiffs : Mr.P.K.Rajagopal For Defendants : Mr.R.Sathish Kumar [for D1 & D3] R2- Set Ex-parte.
JUDGMENT
Mr.P.K.Rajagopal, learned counsel on record for both the plaintiffs
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submits that he has instructions from the plaintiffs to withdraw this suit.
Saying so, learned counsel has made an endorsement in the suit file, which
reads as follows:
'This suit is withdrawn and it is prayed that it may be dismissed as such.
Sd/-
Counsel for plaintiffs
11.12.2018'
2. Mr.P.K.Rajagopal, learned counsel for plaintiffs reiterates the
aforesaid endorsement and submits that plaintiffs are not seeking refund of
Court fee.
3. In the light of the aforesaid endorsement and reiteration of the
same in the hearing, this suit is dismissed as withdrawn. There shall be no
order as to costs.
11.12.2018
Index : Yes/No
vsm/mp
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M.SUNDAR, J.
vsm
C.S.No.835 of 2007
11.12.2018
Metco Polymers Private Limited
Mr. Pradeep Ranganathan
M/s. AnB Healthcare Products
Mr. Abdul Azeez
Mr. Balaji
M Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court