Dismissed

Minakshi Famil Trust v. Mr K.Ar.Praphakar Raaj

Madras HC15 Mar 2021CS/880/2003

Case brief

AI extract

What is this about?

The plaintiff voluntarily withdrew a copyright infringement suit and filed a memo requesting dismissal and return of original documents. The court dismissed the suite (C.S.No.880 of 2003) as withdrawn and closed connected applications (A.Nos.6373, 6374 of 2009).

What did the court decide?

The suit and connected applications were dismissed and closed as withdrawn; original documents were to be returned.

Minakshi Famil Trust Vs Mr K.Ar.Praphakar Raaj — 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 15TH DAY OF MARCH 2021

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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C.S.No.880 of 2003

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and

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A.Nos.6373, 6374 of 2009

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C.S.No.880 of 2003

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Minakshi Family Trust, No.19, Srinivasan Street, Mandaveli, Chennai 600 028. ... Plaintiff

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..Vs..

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1.Mr.K.Ar.Praphaukar Raaj,

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Nallan Thottam, Kanuvakkarai P.O., Punjai Puliampatti (Via), Coimbatore District. Pin Code - 638 459.

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2.A.R.K.Publication,

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Nallan Thottam, Kanuvakkarai P.O., Punjai Puliampatti (Via), Coimbatore District. Pin Code - 638 459. ... Defendants

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Civil Suit praying that this Hon'ble Court be pleased to grant a

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Judgment and decree against the defendants:

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(a) For a perpetual injunction restraining the defendants either by

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https://hcservices.ecourts.gov.in/hcservices/ themselves, their partners, men, servant, agents or any one claiming through

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or under them, in any manner infringing the plaintiff's copyright in their

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literary work "ADHIRSHTA VIGNYANAM ALLATHU NINGALUM

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MIIKA ADHIRSHTA SALIGALAGALAM" in Tamil and "SCIENCE OF

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FORTUNE " - "THE BOOK ON NUMEROLOGY" in English, by printing, publishing, translating, selling or offering for sale, the infringing copies entitled, "ADH ISHTA PEYAR ENN SASTHIRAM" (ALLATHU NEENGALUM ADH ISHTAM, PUGAZH, VETRI PERALAM), in Tamil, "LUCKY NAME NEUROLOGY +9" in English "ADURSHTA NAAMA SAMMKHYA SASTRAM" in Telugu or in any other language whatsoever.

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(b) For a preliminary decree in favour of the plaintiff's directing the defendants to render a true and faithful account of profits made by sale and distribution of the pirated works "ADHIRSHTA PEYAR ENN SASTHIRAM" (ALLATHU NEENGALUM ADH IRSHTAM, PUGAZH, VETTRI PERALAM), in Tamil, "LUCKY NAME NUMEROLOGY +9" in English or "ADURSHTA NAAMA SAMMKHYA SASTRAM" in Telugu or in any other language whatsoever and thereafter a final decree in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after the latter has render accounts.

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(c) or in the alternative to pay to the plaintiff such sum as this Hon'ble Court may determine by way of damages for the infringement committed by the Defendant.

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

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(d) A mandatory injunction directing the defendants to surrender to

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the plaintiff's for destruction within a specified time, of all infringing copies

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of "ADHIRSHTA PEYAR ENN SASTHIRAM" (ALLATHU NEENGALUM ADHIRSHTAM, PUGAZH, VETTRI PERALAM), in Tamil, "LUCKY NAME NUMEROLOGY + 9" in English or "ADURSHTA NAAMA SAMMKHYA SASTRAM" in Telugu or in any other language whatsoever either bound or unbound, the printed forms, wrappers, blocks, drawings, positives, negatives art works, manuscripts, screen prints, pamphlets, brochures and other material relating thereto.

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(e) For costs of this Suit.

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A.No.6373 of 2009

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Minakshi Family Trust, No.19, Srinivasan Street, Mandaveli, Chennai 600 025. ... Applicant/Plaintiff ..Vs..

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Mr.K.Ar.Praphaukar Raaj, (Deceased on 6th August 2009) Nallan Thottam, Kanuvakkarai P.O., Punjai Puliampatti (Via), Coimbatore District. Pin Code - 638 459.

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A.R.K.Publication, Nallan Thottam, Kanuvakkarai P.O., https://hcservices.ecourts.gov.in/hcservices/ Punjai Puliampatti (Via), Coimbatore District.

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Tamilnadu - 638 459.

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... Respondent/Defendant

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Application praying that this Hon'ble Court be pleased to set aside the abatement as against deceased 1st defendant viz., K.Ar.Praphaukar Raaj who died on 6th August 2009.

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A.No.6374 of 2009

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Minakshi Family Trust, No.19, Srinivasan Street, Mandaveli, Chennai 600 025. ... Applicant/Plaintiff

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..Vs..

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Mr.K.Ar.Praphaukar Raaj, (Deceased on 6th August 2009) Nallan Thottam, Kanuvakkarai P.O., Punjai Puliampatti (Via), Coimbatore District. Tamilnadu - 638 459.

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A.R.K.Publication, Nallan Thottam, Kanuvakkarai P.O., Punjai Puliampatti (Via), Coimbatore District. Tamilnadu - 638 459. ... Respondent/Defendant

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Rajalatha Prabhakar Raj

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Ajit Prabhakar

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Kavinjai

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Subbathal

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https://hcservices.ecourts.gov.in/hcservices/ the respondents 2 to 5 all reside at Nallan Thottam Kanuvakkari P.O. Punjai Puliampatti (Via) Coimbatore District, Tamilnadu - 638 459.

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Respondents/Proposed defendants 3 to 6

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Application praying that this Hon'ble Court be pleased to bring on record the proposed defendants, the respondents 2 to 5 herein viz., i) Rajalatha Prabhakar Raj, wife, age not known ii). Ajit Prabhakar, Son, age not known iii). Kavinjai, Son, age not known iv). Subbathal, Mother, age not known

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all permanent residents of Nallan Thottam, Kanuvakkari P.O. Punjai Puliampatti (Via) Coimbatore District, Tamilnadu - 638 459. as the legal representatives of the deceased 1st defendant Mr.Prabhakar Raj and array them as defendants 3 to 6 in the above suit, i.e., C.S.No.880 of 2003

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This Suit alongwith these Applications coming on this day before this Court for hearing in the presence of Mr.S.K.Srinivasan, Advocate for the plaintiff in C.S.No.880 of 2003 and for the Applicant in A.Nos.6373 and 6374 of 2009 and Mr.K.S.Kumar, Advocate for the defendants in C.S.No.880 of 2003 and for the 1st respondent in A.Nos.6373 and 6374 of 2009 and upon reading the plaint filed in C.S.No.880 of 2003 and a memo filed by the learned counsel for the plaintiff which has also been signed by

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the plaintiff, it is ordered as follows:-

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That the suit in C.S.No.880 of 2003, be and is hereby dismissed as withdrawn.

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https://hcservices.ecourts.gov.in/hcservices/ 2) That these A.Nos.6373 and 6374 of 2009, do stand closed.

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

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF MARCH 2021.

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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.) 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/

Skg

06.05.2021

C.S.No.880 of 2003 and

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A.Nos.6373 and 6374 of 2009

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ORDER

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DATED: 15.03.2021

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THE HON'BLE MR.JUSTICE

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C.V.KARTHIKEYAN

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FOR APPROVAL: 20/07/2021

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APPROVED ON: 22/07/2021

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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: 15.03.2021

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CORAM:

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THE HON'BLE JUSTICE C.V.KARTHIKEYAN

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C.S.No.880 of 2003 and A.Nos.6373, 6374 of 2009

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Minakshi Family Trust, No.19, Srinivasan Street, Mandaveli, Chennai 600 028.

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... Plaintiff ..Vs..

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1.Mr.K.Ar.Praphaukar Raaj,

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Nallan Thottam, Kanuvakkarai P.O., Punjai Puliampatti (Via), Coimbatore District. Pin Code - 638 459.

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2.A.R.K.Publication,

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Nallan Thottam, Kanuvakkarai P.O., Punjai Puliampatti (Via), Coimbatore District. Pin Code - 638 459. ... Defendants PRAYER : Plaint filed under and Order VII Rule 1 of CPC read with

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Order IV Rule 1 of Original Side Rules and Sections 51, 55 of the

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(a) For a perpetual injunction restraining the defendants either by

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https://hcservices.ecourts.gov.in/hcservices/ themselves, their partners, men, servant, agents or any one claiming through

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or under them, in any manner infringing the plaintiff's copyright in their literary work "ADH IRSHTA VIGNYANAM ALLATHU NINGALUM MIIKA ADH IRSHTA SALIGALAGALAM" in Tamil and "SCIENCE OF FORTUNE " - "THE BOOK ON NUMEROLOGY" in English, by printing, publishing, translating, selling or offering for sale, the infringing copies entitled, "ADH ISHTA PEYAR ENN SASTHIRAM" (ALLATHU NEENGALUM ADH ISHTAM, PUGAZH, VETRI PERALAM), in Tamil, "LUCKY NAME NEUROLOGY +9" in English "ADURSHTA NAAMA SAMMKHYA SASTRAM" in Telugu or in any other language whatsoever.

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(b) For a preliminary decree in favour of the plaintiff's directing the defendants to render a true and faithful account of profits made by sale and distribution of the pirated works "ADH IRSHTA PEYAR ENN SASTHIRAM" (ALLATHU NEENGALUM ADH IRSHTAM, PUGAZH, VETTRI PERALAM), in Tamil, "LUCKY NAME NUMEROLOGY +9" in English or "ADURSHTA NAAMA SAMMKHYA SASTRAM" in Telugu or in any other language whatsoever and thereafter a final decree in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after they latter has render accounts.

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(c) or in the alternative to pay to the plaintiff such sum as this Hon'ble Court may determine by way of damages for the infringement committed by https://hcservices.ecourts.gov.in/hcservices/ the Defendant.

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(d) A mandatory injunction directing the defendants to surrender to

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the plaintiff's for destruction within a specified time, of all infringing copies

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of "ADH IRSHTA PEYAR ENN SASTHIRAM" (ALLATHU NEENGALUM ADH IRSHTAM, PUGAZH, VETTRI PERALAM), in Tamil, "LUCKY NAME NUMEROLOGY + 9" in English or "ADURSHTA NAAMA SAMMKHYA SASTRAM" in Telugu or in any other language whatsoever either bound or unbound, the printed forms, wrappers, blocks, drawings, positives, negatives art works, manuscripts, screen prints, pamphlets, brochures and other material relating thereto.

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(e) For costs of this Suit.

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For Plaintiff : Mr.S.K.Srinivasan

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For Defendants : Mr.K.S.Kumar

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J U D G M E N T

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A memo had been filed by the learned counsel for the plaintiff which

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had also been signed by the plaintiff.

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The Memo is as follows:

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"1. The plaintiff begs to submit that they do not

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desire to pursue this matter anymore and hence hereby withdraw the above suit.

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https://hcservices.ecourts.gov.in/hcservices/ 2. The plaintiff has filed original documents, which includes 1954 old edition of our Book along with the suit.

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The plaintiff requests that the original documents including the said old book filed may be returned.

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3. Hence it is prayed that the above matter may be dismissed as withdrawn and thus render justice.

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Dated at Chennai this the 11th day of March 2021.

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sd/---, sd/---, Counsel for Plaintiff. Plaintiff."

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In view of the same, suit is dismissed as withdrawn. No order as to

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costs. Connected applications are closed.

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Dated this the th day of 2020.

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COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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

Minakshi Famil Trust v. Mr K.Ar.Praphakar Raaj

Case brief

What is this about?

What did the court decide?

Minakshi Famil Trust v. Mr K.Ar.Praphakar Raaj

Case brief

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What did the court decide?

What the court decided

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