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Narasus Saarathy Enterprises Pvt. Ltd. Vs Nepolean — Intellectual Property | Madras HC (2024)

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Madras HC
2024
Narasus Saarathy Enterprises Pvt. Ltd. Vs NepoleanNarasus Saarathy Enterprises Pvt. Ltd. v. Nepolean

Disposed

Narasus Saarathy Enterprises Pvt. Ltd. v. Nepolean

Madras HC4 Jun 2024CMP/10069/2024

Case brief

AI extract

What is this about?

Interim applications in an appeal against a non-suit in an intellectual property rights infringement injunction suit were withdrawn by the appellant's counsel through endorsements and were disposed of as closed/withdrawn, preserving all rights to seek similar interim prayers later.

What did the court decide?

CMPs closed/withdrawn with all rights of the petitioner preserved; no costs.

What the court decided

AI extract

Outcome

CMPs closed/withdrawn with all rights of the petitioner preserved; no costs.

Detailed headnote1 paragraphs

The appellant in Appeal (CAD) No. 14 of 2024, a plaintiff non-suited in an IPR infringement injunction suit, made endorsements withdrawing four interim applications before the Division Bench. The court disposed of the CMPs as closed/withdrawn, expressly preserving all rights and contentions of the petitioner/appellant to move similar or other interim prayers depending on the matter's trajectory. No order as to costs.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

C.M.P.Nos.10069, 10073, 10076 & 10090 of 2024

C.M.P.Nos.10069, 10073, 10076 & 10090 of 2024 in Appeal(CAD)No.14 of 2024

M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J.,

(Order of the Court was made by M.SUNDAR, J.) Non suited plaintiff is in appeal in the main appeal qua an IPR suit in

which injunction qua alleged infringement was sought.

In this view of the matter, captioned CMPs deserve a closure for the

moment and therefore, Mr.A.Swaminathan, learned counsel has very fairly made endorsements in the case file and scanned reproduction of the same are

as follows:

Endorsement in C.M.P.No.10069 of 2024 :

Endorsement in C.M.P.No.10073 of 2024:

https://www.mhc.tn.gov.in/judis Page Nos.1/3

C.M.P.Nos.10069, 10073, 10076 & 10090 of 2024

Endorsement in C.M.P.No.10076 of 2024:

Endorsement in C.M.P.No.10090 of 2024:

In the light of the narrative thus far, captioned CMPs are disposed of as closed / withdrawn albeit preserving all rights and contentions of the petitioner / appellant to come up with similar / same or any other interim prayer depending on the trajectory and time the matter takes.

Captioned CMPs are disposed of in the aforesaid manner albeit preserving all rights of the petitioner in the manner set out supra. There shall be no order as to costs.

(M.S.J.) (K.G.T.J.) 04.06.2024 (2/2)

mk

https://www.mhc.tn.gov.in/judis Page Nos.2/3

C.M.P.Nos.10069, 10073, 10076 & 10090 of 2024

M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J.,

mk

C.M.P.Nos.10069, 10073, 10076 & 10090 of 2024 in Appeal(CAD)No.14 of 2024

04.06.2024 (2/2)

https://www.mhc.tn.gov.in/judis Page Nos.3/3

Parties & counsel

AI extract

appellant
Non-suited plaintiff / appellant

Coram

AI extract

M. Sundar
K. Govindarajan Thilakavadi

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 4 Jun 2024 · June
Registered: 2 May 2024
Case no.: CMP/10069/2024
CNR: HCMA010125192024
Topic: Intellectual Property
Bench: M. Sundar K. Govindarajan Thilakavadi
Disposal: WITHDRAWN DISMISSED

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Cite this judgement

Narasus Saarathy Enterprises Pvt. Ltd. v. Nepolean, CMP/10069/2024 (MAD), decided on 4 June 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

M. Sundar and K. Govindarajan Thilakavadi

Parties & counsel