Madras High Court
L.B. Thiyagarajan vs M/S. Astor Technologies on 17 March, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No. 610 of 2002
L.B. Thiyagarajan ... Plaintiff
Vs.
1. M/s. Astor Technologies,
No.14, Readymade Garment Complex,
Thiru-vi-ka Industrial Estate,
Guindy, Chennai - 600 032.
Represented by its Partner Mr.S. Vasudevan,
2. Vasudevan
3. K.Ravi ... Defendants
Prayer:Civil Suit is filed under Order VIII Rule 1 of CPC r/w Order V Rule
1 of O.S.Rules along with Counter claim under Order VIII Rule 6A and 6B
of CPC., (a) a permanent injunction restraining the defendants and the
partners of the first defendant, their men, agents, servants, or any one
claiming through them from in any manner infringing the copyright vested
on the plaintiff in the computer software CAD/CAM for garment
manufacturing technology created and invented and developed by the
plaintiff.
https://www.mhc.tn.gov.in/judis/
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(b) a permanent injunction restraining the defendants and the partners
of the first defendant, their men, agents, servants, or any one claiming
through them from in any manner passing off of the computer software
CAD/CAM for garment manufacturing technology developed by the plaintiff
either by sale or installation or in any manner advertising the same;
(c) Directing the defendants to surrender to the plaintiff the Computer
seized by defendants illegally together with CPU, Key board, floppies, CD
Rom and other materials or things including the source code of CAD
software which is under the defendants possession or in the custody of the
police.
(d) Directing the defendants to render a true and faithful account of the
Profits earned by them from the beginning through the sale of the computer
software created, developed and promoted by the plaintiff and directing the
payment of such profits earned by them to the plaintiff.
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(e) Directing the defendants to pay the costs of the suit to the plaintiff.
For Plaintiff : Mr.A.Prabhakara Reddy
For Defendants : Mr.Chandhira Pradeep Kumar
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JUDGMENT
Heard Mr.A.Prabhakara Reddy, learned Counsel for the plaintiff and Mr.Chandhira Pradeep Kumar, learned Counsel for the defendant.
2. The learned Counsel for the plaintiff stating that the parties had settled the issue between themselves. However, the Memorandum of Compromise is not available in the Court bundle and the learned counsels stated that they could not contact their respective .
3. The suit is dismissed. However, liberty is granted to the plaintiff to institute a fresh suit with respect to the Copyright in the computer software CAD/CAM used for Garment Manufacturing Technology either against the defendants or against anybody acting under the defendants or https://www.mhc.tn.gov.in/judis/ 4 against any third party if a fresh cause of action arises.
4. With the above said observations, the Civil Suit is dismissed.
No order as to costs.
17.03.2021 Index:Yes/No Web:Yes/No Speaking order : Yes / No msm https://www.mhc.tn.gov.in/judis/ 5 C.V.KARTHIKEYAN, J.
msm C.S.No. 610 of 2002 17.03.2021 https://www.mhc.tn.gov.in/judis/