The plaintiff in a copyright infringement suit involving execution of ex-parte inquiry never appeared before the Master nor on the hearing date, showing lack of interest. The High Court dismissed the suit for non-prosecution.
Suit dismissed for non-prosecution; No costs awarded.
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C.S. No.216 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
C.S. No.216 of 1999
Little Flower Company represented by its Partner Mr.T.N.C.Venkatarangan 43, Ranganathan Street, Theagaraya Nagar Chennai - 600 017 ... Plaintiff
Vs.
1/5
C.S. No.216 of 1999
Prayer : The plaint is filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of Original Side Rules and Sections 51, 55 and 62 of the Copy Right Act, 1957, praying to pass judgment and decree against the defendants on the following terms;
a. for a perpetual injunction restraining the
defendants by itself/its partners, servants, agents, distributors, stockists, clearing and forwarding agents or any of them from in any manners infringing plaintiff's Copyright in the literary work 'LAKSHMI KUBERA POOJA KRAMAM' in any manner whatsoever.
b. A preliminary decree be passed in favour of the plaintiffs directing the defendants to render account of profits made by sale of the November 1998 issue of the magazine 'GNANA AALAYAM' and final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendant, after the latter has rendered accounts.
c. The defendants be ordered to surrender to the plaintiffs for destruction of all goods, cartons, labels, blocks, dies, screen prints, pamphlets, brochures and
C.S. No.216 of 1999
other material containing the plaintiffs literary work 'LAKSHMI KUBERA POOJA KRAMAM'.
d. For costs of the suits.
For Plaintiff : Mr.S.K.Srinivasan For defendants : Set ex-parte on 12.08.2021
JUDGMENT
The defendants in the present suit were already set ex-parte by this
Court on 12.08.2021 and on the same day, in order to prove the case of the plaintiff, this Court had directed the Registry to place the matter before the learned Master on 26.08.2021 for recording ex-parte evidence. Though the
case was pending before the learned Master for several years, the plaintiff never appeared before the learned Master and produced any evidence to
prove their case. Hence, the learned Master by adjudication dated
30.04.2021, sent the matter back to this Court.
C.S. No.216 of 1999
none appeared on behalf of the plaintiff which shows that the plaintiff is not interested to prosecute this suit. Therefore, this suit is dismissed for non prosecution. No costs.
11.06.2024
Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2
C.S. No.216 of 1999
P.VELMURUGAN. J.
Ksa-2
C.S. No.216 of 1999
11.06.2024
2 provisions across 2 enactments
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
