A civil suit filed by Studio Green against several defendants for copyright infringement of the film 'Bhaagamathie' was withdrawn by the plaintiff. The court dismissed the suit as withdrawn and closed connected applications.
Suit dismissed as withdrawn. No costs awarded. Connected pending applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.03.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.55 of 2018
and
O.A.Nos.64 and 65 of 2018
Studio Green
13/6, Block No.140, 2 nd Floor,
Thanikachalam Road,
T.Nagar, Chennai 17
Represented by its Partner: Mr.VK Eswaran .. Plaintiff
Vs.
1 Bharath Sanchar Nigam Limited
Bharath Sanchar Bhavan
Harish Chandra Mathur Lane
Janpath New Delhi 110 001
2 Mahanagar Telephone Nigam Limited
5 th Floor, Mahanagar Doorsanchar Sadan,
9, CGO Complex, Lodhi Road, New Delhi 110 003
3 Bharti Airtel Limited
Bharti Crescent, 1, Nelson Mandela Road
Vasant Kunj Phase II New Delhi 110 070
4 Aircel Cellular Limited
5th floor Spencer Plaza 769 Anna Salai
Chennai 2
5 Hathway cable and Datacom Limited
4th floor Rahejas Main Avenue
Santacruz (W) Mumbai 54
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12 Telenor Communications Services pvt Ltd. The Masterpiece Plot No.10 Gold Course Road Sector 54 DLF Phase 5 Gurgaon 122002
13 Tikona Digital Networks Private Limited 3A 3rd floor Corpora LBS Marg Bhandup (W) Mumbai 78
14 BG Broadband India Private Limited Plot No.54 Marol Industrial Cooperative Area Off Andheri Kurla Road Andheri East Mumbai 59
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15 Sify Technologies Limited 2nd floor TIDEL Park, No.4 Canal Bank Road Chennai 113
B-10, Lawrence Road, Industrial Area, New Delhi North West DL 110035 IN
Cable India Ltd. 2nd and 3rd floor IQARA Centre Near Gujarat Gas Circle Adajan Hazaria Road Surat 395 009
701 7th floor Aditya Trade Center Ameerpet Hyderabad 38
24 Pioneer eLabs Limited Pioneer towers 7th floor Plot No.16 Survey No.64 Software Unit Layout APIIk I-Tech City Madhapur Hyderabad 80
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25 AT & T Global Network Service India Pvt. Ltd. 13th floor 1305-06 Mohan Dev House 13 Tolstoy Marg New Delhi 110 001
26 Nextgen Communications ltd. Gulmohar House 161/B4 Gautam Nagar Yusuf Sarai New Delhi 49 India
27 Virgo Global Media Ltd. 9-1-93 & 84 Amarchand sharma complex SD road Secunderabad 3
28 Southern Online Bio
Technologies Limited Flat No.A3 3rd floor Office block Samrat Complex Saifabad Hyderabad 4
29 My Net Services India Private
Limited No.12, I floor IV Cross Gandhipuram Pallipalayam Erode 638 006
30 Reliance Jio Infocomm Ltd.,
9th Floor, Maker Chambers -IV,
222, Nariman Point, Mumbai – 400021, India
31 Limras Eronet Broadband services Private Limited 18/7, 3rd Street, West Mambalam, Chennai – 600 003.
India Pvt ltd AL 134 2nd street 11 th main Rod Anna nagar Chennai 40
P Ltd. Plot No.21-22 3rd floor Udyog Vihar Phase IV Gurgaon 122 015
34 Pulse Telesystems Private Ltd.
51/52 Real Towers 3rd floor Royapettah High Road Mylapore Chennai 4
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35 Essel Shyam communications Ltd. 1121 Hemkunt chambers 11th floor 89 Nehru place New Delhi 110 019 India
36 Five network solution (I) Ltd
22/2, Plot No.275-B, Gurunanak School Compond, Sion (West) Mumbai 400 022 India
Chennai – 600 086, Tamil Nadu
P Ltd 16 South Park Street Venkatapuram
Ambattur Chennai
Old No.284 New No.204 Shanmugam salai
Royapettah Chennai 14
13 M Block AM Garden Mandaveli Chennai 28
42 SND Satellite vision New No.40/83/1 Muttiah street Vellala Teynampet Chennai 86. .. Defendants
This Civil Suit is preferred, under Order VII Rule 1 of Civil Procedure Code, 1908 and Order IV Rule 1 of O.S.Rules, 1955 read with Sections 51, 52, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012, praying to
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a) grant permanent injunction restraining the defendants 1 to 37 from infringing the cinematographic film “Bhaagamathie” and directing them to block all websites/web pages including websites mentioned in Schedule-A hosting contents that relate to the copyright protected cinematographic film “Bhaagamathie” to which the plaintiff has the exclusive rights, in any manner, thereby restraining the unauthorized copying, transmission, communication or make available or display or release or show or upload or download or exhibit or play and/or in any manner communicate in and/or through their services immediately upon receipt of details of such infringing websites/web pages in writing in any manner whatsoever;
b) grant permanent injunction restraining the defendants 38 to 42 infringing the cinematographic film “Bhaagamathie” by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the Plaintiff's copyrighted cinematographic film “Bhaagamathie” by copying, recording, reproducing or allowing camcording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or playing and/or in any manner whatsoever from communicating the cinematographic film “Bhaagamathie” without a proper license from the plaintiff or in any other manner which would violate/infringe the copyright of the cinematographic film “Bhaagamathie” through different mediums including but not limited to CD, DVD, Blu-ray disc, VCD, cable TV, direct to home services, Internet services, multimedia messaging services, pen drives, hard drives, tapes, DAS, satellite, Conditional Access Systems or in any other medium/manner whatsoever; and
d) for costs of the suit
For Plaintiff : Ms.Durga V.Bhatt For Defendants : Mr.K.Venkatesan for D37 No Appearance for D1 to D36 & D38 to D42
JUDGMENT
Ms.Durga V. Bhatt, counsel on record for plaintiff submits that she
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has instructions from the plaintiff to withdraw this suit.
in the suit file, which reads as follows:
“Upon written instructions of the plaintiff, we hereby withdraw the suit.”
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M.SUNDAR, J.
vsm
C.S.No.55 of 2018
01.03.2018
Studio Green
Bharath Sanchar Nigam Limited
Mahanagar Telephone Nigam Limited
Bharti Airtel Limited
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
