Dismissed

M/s Cmcs Collaboration Mang. v. CrunchTech Solution Pvt.Ltd.

Madras HC6 Sept 2021CS/278/2018

Case brief

AI extract

What is this about?

Plaintiffs filed a copyright infringement suit seeking injunctions, damages, and rendition of accounts against defendants. During hearing, plaintiff counsel reported an instruction to withdraw the suit. The court recorded the withdrawal, dismissed the suit as withdrawn, and closed connected applications.

What did the court decide?

Suit dismissed as withdrawn. No order as to costs. Connected applications closed.

M/s Cmcs Collaboration Mang. Vs CrunchTech Solution… — Intellectual Property | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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MONDAY, THE 6TH DAY OF SEPTEMBER 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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C.S.No.278 of 2018

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And

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O.A.Nos.424 to 427 of 2018 And

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A.Nos.3785 & 3786 of 2018

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C.S.No.278 And O.A.Nos.424 to 427 And A.Nos.3785&3786 of 2018:-

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1.M/s.CMCS Collaboration Management and Control Solutions India Private Limited, represented by its Director, Mr.Bassam Samman, having its registered office at No.11, Sir Thiyagaraya Road, Challa Mall, Pondy Bazaar, T.Nagar, Chennai – 600 017.

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2.CMCS Collaboration Management and control Solutions FZ-LLC UAE, having its registered office at 23033 Dubai, Star Holding Building, Suite 101, Dubai Internet City, Dubai, UAE, represented by its Director Mr.Bassam Samman.

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...Applicants/Plaintiffs in O.A.Nos.424 to 427 & A.Nos.3785 & 3786 of 2018

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Crunch Tech Solution Private Limited, having its registered office at No.2, Aga Abdullah Street, Richmond Town, Shanthi Nagar Bangalore

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https://hcservices.ecourts.gov.in/hcservices/ Bangalore KA 560 025 IN.

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Mr.Syed Hassan,

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S/o.Syed Laeeq Hassan Naqvi, aged about 49 years, Crunch Tech Solution Private Limited, having office at No.2, Aga Abdullah Street, Richmond Town, Shanthi Nagar Bangalore Bangalore KA 560 025 IN.

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Mr.Arun Kumar, S/o.(unknown), aged about(unknown), having office at No.2, Aga Abdullah Street, Richmond Town, Shanthi Nagar Bangalore, Bangalore KA 560 025 IN.

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Saleem Raza, S/o.Ayub Hussain Mir, Aged about (unknown), Director, Crunch Tech Solution private Limited, having office at No.2, Aga Abdullah Street, Tichmond Town, Shanthi Nagar Bangalore Bangalore KA 560 025 IN.

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Sipthain Raza, S/o.(unknown), aged about (unknown), Director, Crunch Tech Solution Private Limited, having office at No.2, Aga Abdullah Street, Richmond Town, Shanthi Nagar Bangalore, Bangalore KA 560 025 IN.

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...Respondents/Defendants in O.A.Nos.424 to 427 & A.Nos.3785 & 3786 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

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C.S.No.278 of 2010:-

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Civil Suit Praying that this Hon'ble Court be pleased to grant a judgment and decree for:-

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a. Declaration declaring that the Plaintiffs are the owners of the copyright in the computer database set out in Schedule A,B and C in the Plaint.

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b. Permanent injunction restraining the defendants by themselves, their directors, partners, men, servants, agents, associates, officers, representatives, franchisees, licensees and/or all other persons acting on their behalf from in any manner infringing and/or enabling others to infringe the Plaintiffs copyright in the computer database the details a copy of which is set out in Schedule A B and C, and in each of the documents individually, specifically by reproducing, issuing copies of, communicating to the public, selling or public, selling or offering for sale, adaption, or infringing by any other means whatsoever, the Plaintiffs copyrighted work;

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c. Permanent injunction restraining the Defendants by themselves, their directors, partners, men, servants, agents, associates, officers, representatives, franchisees, licensees and/or all other persons acting on their behalf from in any manner utilizing and/or enabling others to utilize

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https://hcservices.ecourts.gov.in/hcservices/

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the Plaintiffs confidential information set out in Schedule A,B and C to

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this Plaint;

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d. Mandatory injunction for rendition of accounts of profits in favor of the Plaintiff and against the Defendants to ascertain the profits made by the Defendants on account of infringement of the Plaintiffs copyrighted work, and a infringement of the Plaintiffs copyrighted work

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and a decree be passed against the Defendants in the sum of the amount so ascertained; decree be passed against the Defendants in the sum of the amount so ascertained;

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e. Grant a permanent injunction restraining the Defendants, their agents, servants, contractors or anybody claiming under them from directly or indirectly soliciting the customers of the Plaintiff as contained in Schedule A;

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f. Grant a permanent injunction restraining Defendants 1 to 5 from taking or continuing employment with competitors of the Plaintiff so as to take advantage of the stolen Confidential Information of the Plaintiff including trade secrets, technology, strategic, financial know how, business secrets including business plans, pricing details/structure, and customer lists, as contained Schedule A B and C.

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g. Grant a mandatory injunction directing the Defendants jointly

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and severally to return / submit to Plaintiff all computers, tablets, storage https://hcservices.ecourts.gov.in/hcservices/ media or any other devices which may have contained the Plaintiff's

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https://hcservices.ecourts.gov.in/hcservices/

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Confidential Information including trade secrets, technology, strategic,financial know how, business secrets including business plans, pricing details/structure, and customer lists including all copies of the Plaintiffs Confidential Information including trade secrets, technology, strategic, financial know how, business secrets including business plans, pricing details/structure, and customer lists in whatever form it exists or is stored.

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h. Grant a mandatory injunction directing the Defendants jointly and severally to disclose to the Plaintiff where and to whom any copies of the Plaintiffs Confidential Information including trade secrets, technology, strategic, financial know how, business secrets including business plans, pricing details / structure, and customer lists.

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i. Award damages n favor of the Plaintiff's to the tune of Rs.20,00,000/- (Rupees Twenty Lakhs only) along with a future interest of 18% per annum from the date of the suit till the actual payment thereof for willful infringement of the Plaintiffs copyrighted work;

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j. Direct the Defendants to jointly pay a sum of Rs.50,00,000/(Rupees Fifty Lakhs Only) as restitution for unjust enrichment due to the illegal and unlawful activities of the Defendants and for breach of truse of the 1^st Plaintiff along with a future interest of 18% per annum from the

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https://hcservices.ecourts.gov.in/hcservices/

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Plaint till the actual payment thereof.

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k. Award costs in favour of the Plaintiff's and against the

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Defendants;

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O.A.Nos.424 of 2018:-

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Original Application praying that this Hon'ble Court be pleased to grant an order of Ad Interim injunction restraining the Respondents by themselves, their directors, partners,men, servants, agents, associates, officers, representatives, franchisees, licensees, and or/all other persons acting on their behalf from in any manner infringing and/ or enabling others to infringe the applicants copyright in the computer database the details a copy of which is set out in Schedule A to the judges summons, and in each of the documents individually, specifically by reproducing, issuing copies of, communicating to the public, selling or public,selling or offering for sale, adaption, or infringing by any other means whatsoever, the applicants copyrighted work;

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O.A.No.425 of 2018:-

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Original Application praying that this Hon'ble Court be pleased to

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grant an order of Ad Interim injunction restraining the Respondents, by themselves, their directors, partners, men, servants, agents, associates, https://hcservices.ecourts.gov.in/hcservices/

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officers, representatives, franchisees, licensees, and or/all other persons

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acting on their behalf, from in any manner utilizing and/or enabling

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others to utilize the Applicants confidential information set out in the

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Schedule A, to the Judges Summons pending disposal of this suit.

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O.A.No.426 of 2018:-

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Original Application praying that this Hon'ble Court be pleased to

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grant an Ad Interim injunction restraining the Respondents, their agents, servants, contractors or anybody claiming under them directly or indirectly soliciting the customers of the Applicant as contained in Schedule A to the Judges Summons pending disposal of the suit;

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O.A.No.427 of 2018:-

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Original Application praying that this Hon'ble Court be pleased to grant an order of Ad Interim injunction restraining the Respondents 1 to 5 from taking or continuing employment with competitors of the Applicant so as to take advantage of the stolen Confidential information of the Applicant including trade secrets technology, strategic, financial know how, business secrets including business plans, pricing details/structure and customer lists as contained in Schedule A, B and C of the judges summons pending disposal of the suit;

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https://hcservices.ecourts.gov.in/hcservices/

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A.No.3785 of 2018:-

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Application praying that this Hon'ble Court be pleased to grant an

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order appointing an advocate commissioner to inspect the premises of the 1^st Respondent at No.2 Aga Abdulla Street Richmond town, Bangalore – 560 025 and to seize and collect all data and information in relation to the confidential information of the Applicants set out in Schedule A to the Judges Summons pending disposal of the suit;

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A.No.3786 of 2018:-

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Application praying that this Hon'ble Court be pleased to grant an order appointing an advocate commissioner to inspect the premises of the 1^st respondent at No.2 Aga Abdulla Street Richmond town, Bangalore560 025 and to seize and collect all data and information in relation to the transactions of the 1^st Respondent including financial information with the list of customers of the Applicants set out in Schedule A to the Judges Summons pending disposal of the suit;

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This Civil Suit coming on this day before this court for hearing in the presence of Mr.Anirudh Krishnan, Advocate for the plaintiff herein and Mr.V.Athikesavan, Advocate for defendants Nos.1,3,4 and 5 herein and M/s.Mcgan Law Firm, advocate for the 2^nd defendant herein and upon reading the plaint filed herein and the counsel for the plaintiff

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https://hcservices.ecourts.gov.in/hcservices/ reports that the plaintiff's have instructed to withdraw the suit and this

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court doth recording the same and it is ordered as follows:-

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(i) That the suit in C.S.No.278 of 2018 be and is hereby dismissed

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as withdrawn.

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(ii) That there shall be no order as to costs of this suit.

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(iii) That the Connected applications do stand closed.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 6TH DAY OF SEPTEMBER 2021.

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Sd./-

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ASSISTANT REGISTRAR(Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.

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https://hcservices.ecourts.gov.in/hcservices/

VSP 11/10/2021

C.S.No.278 of 2018

And

O.A.Nos.424 to 427 of 2018 And A.Nos.3785 & 3786 of 2018

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ORDER

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DATED : 06.09.2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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FOR APPROVAL:21/10/2021

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APPROVED ON:25/10/2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.09.2021

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CORAM

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.S. No.278 of 2018 and

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O.A.Nos. 424 to 427 of 2018, A.Nos. 3785 & 3786 of 2018

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M/s CMCs Collaboration Management and Control Solutions India Private Limited

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CMCs Collaboration Management and Control Solutions FZ-LLC UAE. .... Plaintiff

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1.CrunchTech Solution Private Limited.

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2.Mr. Sued Hassan.

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3.Mr. Arun Kumar.

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4.Saleem Raza

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5.Sipthain Raza

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...Defendants

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Prayer : Plaint under order IV Rule I of the OS Rules read with VII Rule

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1 of the Code of Civil Procedure, 1908 read with Section 61 and 62 of

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https://hcservices.ecourts.gov.in/hcservices/

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the Copyrights Act, 1957, praying for the following:

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a. Declaration declaring that the Plaintiffs are the owners of the copyright in the computer database set out in Schedule A,B and C in the Plaint.

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b. Permanent injunction restraining the Defendants by themselves, their directors, partners, men, servants, agents, associates, officers, representatives, franchisees, licensees and/or all other persons acting on their behalf from in any manner infringing and/or enabling others to infringe the Plaintiffs copyright in the computer database the details a copy of which is set out in Schedule A B and C, and in each of the documents individually, specifically by reproducing, issuing copies of, communicating to the public, selling or public, selling or offering for sale, adaption, or infringing by any other means whatsoever, the Plaintiffs copyrighted work;

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d. Mandatory injunction for rendition of accounts of profits in favour of https://hcservices.ecourts.gov.in/hcservices/ the Plaintiff and against the Defendants to ascertain the profits made by

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the Defendants on account of infringement of the Plaintiffs copyrighted

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work, and a infringement of the Plaintiffs copyrighted work and a decree

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be passed against the Defendants in the sum of the amount so ascertained; decree be passed against the Defendants in the sum of the amount so ascertained;

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e. Grant a permanent injunction restraining the Defendants their agents, servants, contractors or anybody claiming under them from directly or indirectly soliciting the customers of the Plaintiff as contained in Schedule A. f. Grant a permanent injunction restraining Defendants 1 to 5 from taking or continuing employment with competitors of the Plaintiff so as to take advantage of the stolen Confidential Information of the Plaintiff including trade secret, technology, strategic, financial know how, business secrets including business plans, pricing details/structure, and customer lists, as contained Schedule A B and C. g. Grant a mandatory injunction directing the Defendants jointly and severally to return/ submit to Plaintiff all computers, tablets, storage media or any other devices which may have contained the Plaintiffs Confidential Information including trade secrets technology, strategic, financial know how, business secrets including business plans, pricing details/structure, and customer lists including all copies of the Plaintiffs https://hcservices.ecourts.gov.in/hcservices/ Confidential Information including trade secrets, technology, strategic,

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financial know how, business secrets including business plans, pricing details/structure, and customer lists in whatever form it exists or is stored.

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i. Award damages in favour of the Plaintiff to the tune of Rs.20,00,000/(Rupees twenty lakhs only) along with a future interest of 18% per annum from the date of suit till the actual payment thereof for willful infringement of the Plaintiffs copyrighted works;

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j. Direct the Defendants to jointly pay a sum of Rs.50,00,000/- (Rupees fifty lakhs only) as restitution for unjust enrichment due to the illegal and unlawful activities of the Defendants and for breach of trust of the 1^st Plaintiff along with a future interest of 18% per annum from the plaint till the actual payment thereof.

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k. Award costs in favour of the Plaintiffs and against the Defendants;

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https://hcservices.ecourts.gov.in/hcservices/

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For Plaintiff : MR.Anirudh Krishnan For Defendant's : Mr.V. Athhikesavan for D1,3,4 & 5 For Defendant : M/S. Mcgan Law Firm for D2

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J U D G M E N T

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Learned counsel for the plaintiff reports that the plaintiff has

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instructed to withdraw the suit. Recording the same suit dismissed as

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withdrawn. No order as to costs. The connected applications are closed.

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Sd./-G.J.J 06.09.2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

M/s Cmcs Collaboration Mang. v. CrunchTech Solution Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

M/s Cmcs Collaboration Mang. v. CrunchTech Solution Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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