The plaintiff filed a suit for permanent injunction, damages, and destruction of pirated goods. On the date of hearing, the plaintiff was absent and failed to appear, resulting in the dismissal of the suit for non-prosecution.
Suit dismissed for non-prosecution. No costs awarded.
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C.S.No.334 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2019
CORAM
THE HONOURABLE MR.JUSTICE Krishnan Ramasamy
C.S.No.334 of 2010
Eagle Flash Industries Pvt. Ltd., Eagle Estate, Talegaon 410 507, District Pune, Maharashtra. Represented by its Power of Attorney, Anil Vasantrao Vedpathak. ... Plaintiff Vs. 1.Bonjour International, No.15 UA, Jawahar Nagar, Delhi – 110 007. 2.Santhosh Super Stores, C33, 2nd Avenue, Anna Nagar, Chennai – 600 040. ... Defendants
Plaint filed under Order VII Rule 1 C.P.C. read with Order IV Rule 1 of the High Court Original Side Rules praying for:
(a) A permanent injunction restraining the defendants, their servants, agents, distributors, stockists, or anyone acting under or through it from in any manner manufacturing or marketing flasks with the designs which are identical with or deceptively similar to the plaintiff's Registered Design Nos.174903 & 174904. from being pirated.
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(b) Directing the defendants to pay the plaintiff damages quantified at Rs.50,00,000/- for pirating the plaintiff's registered design Nos.174903 & 174904.
(c) To surrender to the plaintiff for the destruction
of flasks manufactured by the defendants pirating the plaintiff's registered designs, alsong with moulds, dies, blocks, negatives, advertisement, publication materials etc.
(d) Costs of the suit and
(e) Pass such further or other relief as this Hon'ble
Court may deem fit and proper in the circumstances of the case and render justice.
For Plaintiff : No Appearance For defendants : No Appearance J U D G M E N T
When the matter was listed for hearing on 02.08.2019,
it is submitted by the learned counsel for the plaintiff that they have
to take appropriate instructions from the clients, whether the suit shall be proceeded with or not. Today, when the matter is called, the learned counsel for the plaintiff submits that they intend to withdraw the suit and therefore, they have requested this Court to passover the matter to make appropriate endorsement in the bundle. However, when the matter is called, there is no
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representation on behalf of the plaintiff. Therefore, the suit is dismissed for non prosecution. No costs.
16.08.2019
AT
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C.S.No.334 of 2010
Krishnan Ramasamy,J.
AT
C.S.No.334 of 2010
16.08.2019
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1 provisions across 1 enactments
Eagle Flash Industries Pvt. Ltd.
Bonjour International
Santhosh Super Stores
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
