Civil suit filed for copyright declaration and injunction. Plaintiff failed to appear after counsel's death. Suit dismissed for non-prosecution with no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 02nd DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
C.S. No.308 of 1999
-Versus-
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Registered Office at Post Box No, 3671, Santa Clara, CA-95055-3671, U.S.A.
Civil Suit praying that this Hon'ble Court be pleased to pass a Judgment and Decree:
a. For a declaration that the Plaintiff is the exclusive owner of the
Copy right in the intellectual property created by him under the name and style "The Eternal Religion Hinduism.
b. For a consequential permanent injunction restraining the
defendants their agents, servants and men and everyone claiming under them and acting on their behalf from in any manner infringing the plaintiff's copy right and any such further action.
c. Directing the defendants to pay the costs of the suit.
This Civil Suit coming on this day before this Court for hearing and the Plaintiffs herein not appearing in person or by an Advocate and upon reading the plaint filed herein and it is ordered as follows:-
(i) That the suit in C.S. No.308 of 1999 be and is hereby dismissed
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for non-prosecution.
(ii) That the connected applications if any do stand closed.
(iii) That there shall be no order as to costs of this suit.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 02nd DAY OF DECEMBER 2021.
Sd/-
ASSISTANT REGISTRAR(Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2022.
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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ARS
09.12.2021 10.12.2021
C.S. No.308 of 1999
ORDER
DATED : 02.12.2021
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
FOR APPROVAL: 28.12.2021
APPROVED ON : 10.01.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :02.12.2021
Coram:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
C.S. No.308 of 1999
/versus/
..Defendants
Prayer:
Civil Suit has been filed under Section 55 and 62 of the Copy Right Act, 1957 read with Order IV, Rule 1 of the O.S. Rules read with Order VII Rule 1 of the C.P.C., praying to pass a judgment and decree for:-
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(a) For a declaration that the plaintiff is the exclusive owner of the
Copyright in the intellectual property created by him under the name and
style “The Eternal Religion Hinduism.”
(b) For a consequential permanent injunction restraining the defendants their agents, servants and men and everyone claiming under them and acting on their behalf from in any manner infringing the plaintiff's copyright and any such further action.
(C) Directing the defendants to pay the costs of the suit.
J U D G M E N T
When the matter came up for hearing on 28.10.2021, since there was
no representation for the plaintiffs and it was reported that the learned counsel appearing for the plaintiffs had expired, this Court directed notice to be sent to the plaintiffs to enable the plaintiffs to engage a counsel. Accordingly, notice was issued to the plaintiffs and it has been served on 20.11.2021 and the acknowledgment is also available in the case bundle.
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names of the plaintiffs have also been printed in the cause list. There is no
appearance either in person or through counsel.
shall be no order as to costs. Consequently, connected applications are closed, if any.
Sd./-N.A.V.J.
02.12.2021 //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
