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2018 (11) TMI 1730 - HC - Indian LawsInfringement of Copyrights and intellectual property rights - presentation and prosecution of junior suit - Section 60 of CR Act - when an action of infringement of copyright is commenced against an entity / person after such entity / person files a case of groundless threat of legal proceedings, will such commencement of action for infringement of copyright render the groundless threat suit infructuous? HELD THAT:- Inevitable conclusion that follows and flows from the discussion and deliberations qua debate is that the prayer in the instant application should be acceded to by applying MAC Charles principle and holding that the senior suit has become infructuous owing to filing of the junior suit. As part of his concluding submissions, learned counsel for plaintiff Mr.Anirudh Krishnan submitted that if this court is not inclined to accept his submissions regarding sub silentio, it may be left open for plaintiff to seek damages by way of counter claim in the junior suit. If the law permits a counter claim of this nature to be made in the junior suit, this order will not come in the way and this order will not become an impediment - it is not for this Court to grant leave to make counter claim. It is only clarified that if law permits counter claim to be made in the junior suit, this order will not impede the same and therefore, these observations shall not be construed as leave to make counter claim. Senior suit is dismissed as infructuous in the light of junior suit being filed.
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