IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09..01..2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE MR. JUSTICE N.AUTHINATHAN Original Side Appeal Nos.45 & 46 of 2013 and M.P.Nos.1 & 2 of 2013 in O.S.A.No.45 of 2013
O.S.A.No.45 of 2016
M/s.Regent Saimira Entertainment Ltd., Having its Admn. Office at 'Taaz Mahal', Second Floor, No.10, Montieth Road, Egmore, Chennai 600008 Rep. by its Authorized Signatory, Mr.Rajendra Jain and having its Regd. Office at No.6, Aishwarya Complex, Gopalapuram, Second Street, Coimbatore 641 018.
... Appellant -Versus-
1. M/s.Rajkamal Films International, A partnership Firm, Rep. by its Partner S.Chandrahassan
2. Mr.S.Chandrahassan, Partner, Rajkamal Films International
3. Mr.Kamal Hassan, Partner, Rajkamal Films International, Nos.1-3 Having Office at New No.4, Old No.172, Eldams Road, Alwarpet, Chennai 600 018.
4. M/s.Prasad Colour Laboratories, Arunachalam Road, Saligramam, Chennai 600 093.
5. M/s.P.V.P. Cinemas Ltd., Rep. by its Director, Having Office at KRM Centre, 9th Floor, No.2 Harrington Road, Chetpet, Chennai 600 031.
... Respondents Original Side Appeal under Order 36, Rule 9 of Original Side Rules r/w Clause 15 of Letters Patent, praying to set aside the order and decretal order dated 08.01.2013 made in O.A.No.1069 of 2012 in C.S.No.830 of 2012.
O.S.A.No.46 of 2016
M/s.Regent Saimira Entertainment Ltd., Having its Admn. Office at 'Taaz Mahal', Second Floor, No.10, Montieth Road, Egmore, Chennai 600008 Rep. by its Authorized Signatory, Mr.Rajendra Jain and having its Regd. Office at No.6, Aishwarya Complex, Gopalapuram, Second Street, Coimbatore 641 018.
... Appellant -Versus-
1. M/s.Rajkamal Films International, A partnership Firm, Rep. by its Partner S.Chandrahassan
2. Mr.S.Chandrahassan, Partner, Rajkamal Films International
3. Mr.Kamal Hassan, Partner, Rajkamal Films International, Nos.1-3 Having Office at New No.4, Old No.172, Eldams Road, Alwarpet, Chennai 600 018.
4. M/s.Prasad Colour Laboratories, Arunachalam Road, Saligramam, Chennai 600 093.
5. M/s.P.V.P. Cinemas Ltd., Rep. by its Director, Having Office at KRM Centre, 9th Floor, No.2 Harrington Road, Chetpet, Chennai 600 031.
6. Dish TV India Limited, Rep. by its Secretary, No.16-A Film City, Noida - Uttar Pradesh, India.
7. Bharti Telemedia Limited, A subsidiary of Bharti Airtel, Bharti Crescent, No.1, Nelson Mandela Road, Vasant Kunj, Phase-II, New Delhi 110 070.
8. Reliance Digital TV Second Floor, A-Block, Reliance Communications Ltd, Dhirubai Ambani Knowledge City, Navi - Mumbai 400 079.
9. SUN Direct TV Limited, Rep. by its Secretary, No.4/1017, Third Cross Street, 9th Link, Nehru Nagar, Kottivakkam, Chennai 600 041.
10. TATA Sky Ltd., Third Floor, Bombay Dyeing AO Building, Pandurang Budhkar Marg, Worli - Mumbai 400 025.
11. Videcon Digital DTH Service, Corporate Office, Bharat Business Channel Limited, New Link Road, Near Mega Mall, Oshiwara, Mumbai 400 102.
... Respondents Original Side Appeal under Order 36, Rule 9 of Original Side Rules r/w Clause 15 of Letters Patent, praying to set aside the order and decretal order dated 08.01.2013 made in A.No.87 of 2013 in C.S.No.830 of 2012.
COMMON JUDGMENT (Judgement of the Court was delivered by S.NAGAMUTHU. J. ) When the original side appeals came up for hearing, the learned counsel for the appellant, on instructions, submitted that the issue involved in these appeals has become infructuous and, therefore, nothing survives for further adjudication. He, therefore, sought permission to withdraw the appeals. He has also made an endorsement to that effect.
2. In view of the above, both the original side appeals are dismissed as withdrawn. Having regard to the facts and circumstances of the case, the parties shall bear their own costs. Consequently connected MPs are closed.
kmk (S.N., J.) (N.A.N. J.) 09..01..2017 S.NAGAMUTHU.J., AND N.AUTHINATHAN.J., kmk O.S.A.Nos.45 & 46 of 2013 09..01..2017 http://www.judis.nic.in