Madras High Court
Real Image Media Technologies Pvt.Ltd vs / on 23 July, 2020
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
C.S.No.222 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.07.2020
CORAM:
THE HONOURABLE DR. JUSTICE C.V.KARTHIKEYAN
C.S.No.222 of 2011
and
A.Nos.1850 to 1853 of 2011
Real Image Media Technologies Pvt.Ltd.
represented by:
Authorized Representative & Head-Legal
Mr.P.Murali Krishna
No.7B, III Street,
Balaji Nagar, Royapettah,
Chennai 600 014. .. Plaintiff
/versus/
1.S.Keerthi Shankar
Plot 21-B, II Street
G.V.Nagar
Vengaivaasal
Selaiyur
Chennai 600 073.
2. Prasad Productions Pvt.Ltd.
No.28, Arunachalam Road,
Saligramam
Chennai 600 093.
3. R.Karthikeyan,
No.15, Old No.8, Lakshmi Nagar IV Stage,
Chennai - 600 061. .. Defendants
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http://www.judis.nic.in
C.S.No.222 of 2011
PRAYER: This Civil Suit is filed under Order VII Rule 1 of the Code of
Civil Procedure read with Section 55 of the Copy Right Act, prayed for
(a) pass a judgment and decree of permanent injunction
restraining the 1st and 2nd defendants, their men, agent/agents, or any
person claiming through or under the 1st and 2nd defendants, from in any
manner infringing the Copyright of the plaintiff over the "QUBE"
software;
(b). Pass a judgment and decree of permanent injunction
restraining the 1st defendant from breaching the "Employee Non-
Competition, Non-Disclosure and Proprietary Information Agreement"
dated 22.05.2006 entered into between the plaintiff and the 1st
defendant;
(c). Pass a judgment and decree of mandatory injunction
directing the 1st and 2nd defendants, their men, agent/agents, or any
person claiming through or under the 1st and 2nd defendants to deliver
and hand over to the plaintiff all data storage devices including PXD
Digital Cinema Players, other servers,, computers, laptops, hard drives,
Compact Discs (C.Ds,), Digital Versatile Discs (D.V.Ds.,) Portable Hard
Drives, Memory Sticks, containing the "QUBE" software or a portion
thereof, to the plaintiff;
(d). Pass a judgment and decree of mandatory injunction
directing the 1st and 2nd defendants, their men, agent/agents, or any
person claiming through or under the 1st and 2nd defendants to provide
access to all online storage and E mail services used by the 1st and 2nd
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C.S.No.222 of 2011
defendants containing the "QUBE" software or a portion thereof, to the
plaintiff;
(e). Pass a judgment and decree directing the 2nd defendant to
pay the plaintiff damages of a sum of Rs.1,28,00,000/- (Rupees One
Crore and Twenty Eight Lakhs Only) or such other sum that may be
assessed later;
(f). Award the plaintiff the costs of the suit and
(g). Pass such further or other orders as deemed fit and proper
in the nature and circumstances of the case.
For plaintiff : Mr.P.R.Raman
For Defendants : Mr.R.Murari
JUDGMENT
On 15.06.2011, pursuant to the memo of compromise entered between the plaintiff and the second defendant, this Court passed a Judgment decreeing the suit in terms of the said memo compromised as against the second defendant. Now a memo had been filed by the plaintiff and signed by the learned counsel for the plaintiff stating that instructions have been received to withdraw the Suit.
C.V.KARTHIKEYAN,J., 3/2 http://www.judis.nic.in C.S.No.222 of 2011 kmm
2. In view of the said memo, the Suit is dismissed as withdrawn. No order as to costs. Consequently, connected applications are closed.
23.07.2020 Speaking Order / Non-Speaking Order Index : yes/no kmm To Prasad Productions Pvt.Ltd. No.28, Arunachalam Road, Saligramam Chennai 600 093.
C.S.No.222 of 2011and A.Nos.1850 to 1853 of 2011 4/2 http://www.judis.nic.in