Plaintiff withdrew a civil suit seeking permanent injunctions against accused ISPs for copyright infringement of the film 'Padmaavat'. The court dismissed the suit as withdrawn.
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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.56 of 2018
and
O.A.Nos.66 and 67 of 2018
Viacom 18 Media Private Limited
Suit 410, 411 Apeejay Business Centre,
Apeejay House,
39/12 Haddows Road
Chennai 600 006
Represented by its Manager – Legal
Ms.Hiral Vimadalal .. 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
2
Limited Plot No.54 Marol Industrial Cooperative Area Off Andheri Kurla Road Andheri East Mumbai 59
3
Chennai 113
16 Siti Broadband Services Pvt. Ltd
B-10, Lawrence Road, Industrial Area, New Delhi North West DL 110035 IN
17 You Broadband and Cable India Ltd. 2nd and 3rd floor IQARA centre Near Gujarat Gas Circle Adajan Hazaria Road Surat 395 009
5-9-22 3rd floor My Home Sarovar Plaza Secretariat Road Saifabad Hyderabad 4
Pioneer towers 7th floor Plot No.16 Survey No.64 Software Unit Layout APIIk I-Tech City Madhapur Hyderabad 80
25 AT & T Global Network
Service India Pvt. Ltd. 13th floor 1305-06 Mohan Dev House 13 Tolstoy Marg
4
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
India Pvt ltd AL 134 2nd street 11 th main Rod Anna nagar Chennai 40
33 Spectra ISP Networks P Ltd. Plot No.21-22 3rd floor Udyog Vihar Phase IV Gurgaon 122 015
35 Essel Shyam communications Ltd. 1121 Hemkunt chambers 11th floor 89 Nehru place New Delhi 110 019 India
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36 Five network solution (I) Ltd 22/2, Plot No.275-B, Gurunanak School Compond, Sion (West) Mumbai 400 022 India
Old No.284 New No.204 Shanmugam salai Royapettah Chennai 14
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, 1956 read with Sections 51, 52, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012, praying to
a) grant permanent injunction restraining the defendants 1 to 37 from infringing the cinematographic film “Padmaavat” and directing them to block all websites/web pages including websites mentioned in Schedule-A hosting contents that relate to plaintiff's copyright protected cinematographic film “Padmaavat” in any manner, thereby restraining the unauthorized copying, transmission, communication or make available or
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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 “Padmaavat” 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 “Padmaavat” 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 “Padmaavat” and said work without a proper license from the plaintiff or in any other manner which would violate/infringe the plaintiff's copyrighted cinematographic film “Padmaavat” 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
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
has instructions from the plaintiff to withdraw this suit.
in the suit file, which reads as follows:
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“Upon written instructions of the plaintiff, we hereby withdrawn the suit.”
in the light of the endorsement made in the suit file, which has been
extracted supra, this suit will stand dismissed as withdrawn. No costs.
Consequently, connected pending applications shall stand closed.
01.03.2018
Speaking/Non-Speaking order
Index : Yes/No
vsm
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M.SUNDAR, J.
vsm
C.S.No.56 of 2018
01.03.2018
Viacom 18 Media Private Limited
Bharath Sanchar Nigam Limited
Mahanagar Telephone Nigam Limited
Bharti Airtel Limited
Aircel Cellular Limited
Hathway cable and Datacom Limited
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
