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 plaintiff, his
partners/proprietor as the case may be, servants, agents, heirs, legal
representatives, successors-in business, assigns, distributors, stockists or any
one claiming through or under him from directly or indirectly in any manner
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infringing the defendants' exclusive copyright in the Computer Aided
Software design "ASTOR EAZY DESIGN"or VASTRA ME or under any
other title, for garment manufacturing technology or in any other manner
whatsoever;
(b) a permanent injunction restraining the plaintiff, his
partners/proprietor as the case may be, servants, agents, heirs, legal
representatives, successors-in business, assigns, distributors, stockists or any
one claiming through or under him from directly or indirectly in any manner
passing off and enabling others to pass off the CAD software for garments
industry by sale, offering for sale, soliciting orders from customers of the
defendants or from any other third parties, installing and from dealing with
the same as and for the plaintiff's CAD software, business and/or in any other
manner whatsoever;
(c) the plaintiff be directed to pay a sum of Rs.1,00,000/- as liquidated
damages being the loss wrongfully caused by the plaintiff to the defendants'
business, reputation and goodwill on account of his dealing with the CAD
software designated by the defendants for garments;
(d) the plaintiff be directed to surrender to the defendants for
destruction, the pirated CAD software for garment manufacturing
technology, floppy disks, CPU, CD-Roms, Computer Locks and other
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materials relating to the defendants' CAD software known by the title
ASTOR Eazy Design or VASTRA ME or under any other title.
(e) award costs of the suit proceedings.
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 against any third party if a fresh cause of action arises. https://www.mhc.tn.gov.in/judis/ 4
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/