The plaintiff in a suit for permanent injunction regarding copyright infringement of a cinematographic film applied to withdraw the suit. The court recorded the withdrawal and proceeded accordingly.
Suit dismissed as withdrawn. No order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.10.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.583 of 2018 and O.A.Nos.784 and 785 of 2018
Eros International Media Limited Gee Gee Universal, 2nd Floor, Bearing Door No.2, Old No.16, 18/1&2 (Old No.8), MC Nichols Road, Chetpet, Chennai � 600 031 Represented by its Authorized Signatory Mr.Arun Kumar .. Plaintiff
Vs.
14 BG Broadband India Private Limited, Plot No.54 Marol Industrial Cooperative Area, Off Andheri Kurla Road, Andheri(East), Mumbai � 400059.
Near Gujarat Gas Circle, Adajan-Hazaria Road, Surat - 395009
Karnataka Also at Steeple Reach, Ground floor, A Block, West Wing, Cathedral Road, Chennai - 600 086, Tamil Nadu.
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 61(1) of the Copyright Act, 1957 and the copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, No 4 of 2016 � Suit for permanent injunction for the infringement of copyright; for a permanent injunction restraining the Defendants 1 to 37 from infringing the cinematographic film �Happy Phirr Bhag Jayegi� and said work be directed to block all websites/web pages including websites mentioned in Schedule-A hosting contents that relate to Plaintiff's copyright protected cinematographic film �Happy Phirr Bhag Jayegi� in any manner, thereby restraining the unauthorised 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 immediate of receipt of details of such infringing websites/web pages in writing; for a permanent injunction restraining the Defendants 38 � 42 from infringing the cinematographic film �Happy Phirr Bhag Jayegi� by themselves, their parters/proprietor/directors, distributors, agents, servants or anyone claiming through them or under them from infringing the plaintiff's copyrighted cinematographic film �Happy Phirr Bhag Jayegi� 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 �Happy Phirr Bhag Jayegi� 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 �Happy Phirr Bhag Jayegi� through different mediums including but not limited to CD, DVD, Bluray 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 costs.
For Plaintiff : Ms. Durga V.Bhatt
For Defendants : No appearance
JUDGMENT
Learned counsel on record for sole plaintiff Ms.Durga V.Bhatt submits that there are instructions from plaintiff to withdraw the suit. Saying so, learned counsel has made an endorsement in the suit file, which reads as follows:
'Upon written instructions by the plaintiff, we may be permitted to withdraw the suit.' 2. Reiterating the aforesaid endorsement, learned counsel on record for sole plaintiff submits that plaintiff is not insisting on refund of court fee.
22.10.2018
Index : Yes/No
gpa/mp
M.SUNDAR, J. gpa/mp
C.S.No.583 of 2018 and O.A.Nos.784 and 785 of 2018
22.10.2018
2 provisions across 2 enactments
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
