The High Court dismissed civil suit C.S.No. 260 of 2020 as withdrawn upon acceptance of a settlement Demand Draft of Rs.32 lakhs tendered by the plaintiff out of court.
Suit dismissed as withdrawn upon acceptance of a settlement payment of Rs.32 lakhs.
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C.S.No.260 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No. 260 of 2020
and
O.A.No.478 of 2020
Ghanshyam Hemdev ... Plaintiff
Vs.
Narne Srinivasa Rao ... Defendant
Prayer:
Civil Suit is filed under Section 55, 62 & 63 of the Indian Copyright Act, 1957 r/w Order IV Rule 1 O.S. Rules and Order VII Rule 1 of CPC., r/w Section 2(1)(C) (xvii) First proviso to Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, (a) declaring that the plaintiff is the absolute owner of copyrights in the plaint schedule cinematograph films and the two assignment agreements dated 18.06.2013 do not confer any rights on the defendant due to defendant's default in payment; (b) for permanent injunction restraining the defendant, his men, agents, servants or persons acting on his behalf or claiming through him from in any manner infringing the plaintiff's copyrights in the cinematograph films described in the schedule to this plaint and (c) a prelimimary decree be passed in favour of the plaintiff directing the defendant to render true & faithful account of https://www.mhc.tn.gov.in/judis/
C.S.No.260 of 2020
profits made by illegal exploitation of the copyrights in the plaint schedule films and a final decree may be passed in favour of the plaintiff for the amount or profits so ascertained.
For Plaintiff : Mr.K.Harishankar
For Defendants : M/s.R.Satish Kumar
-----
J U D G M E N T
Mr.K.Harishankar, learned counsel for the plaintiff and
Mr.R.Satish Kumar, learned counsel for the defendant are present before
this Court.
2. It had been informed that the suit had been settled and the
learned counsel for the plaintiff had made the following endorsement in
the plaint:-
"The plaintiff has today received a Demand Draft for Rs.32 lakhs bearing No.919112, dated 01.03.2021 drawn on Union Bank, Film Nagar, Hyderabad. In view of the said payment, the plaintiff prays leave of this Hon'ble Court to withdraw the suit as settled out of Court."
C.S.No.260 of 2020
3. In view of the same, since the plaintiff had come to forward
to tender a Demand Draft for Rs.32 lakhs (Rupees Thirty Two Lakhs Only) which is to the satisfaction of the plaintiff, the suit is dismissed as
withdrawn as settled out of Court. No costs. Consequently, connected
Application is closed.
02.03.2021
Index:Yes/No
Web:Yes/No
Speaking order : Yes / No
msm
C.S.No.260 of 2020
C.V.KARTHIKEYAN, J.
msm
C.S.No. 260 of 2020
and
O.A.No.478 of 2020
02.03.2021
Ghanshyam Hemdev
Narne Srinivasa Rao
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
