The plaintiff withdrew the suit for permanent injunction regarding copyright infringement of 'Yamla Pagla Deewana: Phir Se'. The High Court allowed the withdrawal with no order as to costs.
Suit dismissed as withdrawn; no order as to costs; connected interlocutory applications closed.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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.10.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.611 of 2018 and O.A.Nos.815 and 816 of 2018
Soham Rockstar Entertainment No.21, K.M.N. Street, Raja Annamalai Puram Chennai 600 028 represented by its Managing Partner Mr.Deepak Mukut .. Plaintiff
Vs.
Ganpatrao Kadam Marg, Lower Parel, Mumbai - 400 013.
14 BG Broadband India Private Limited, Plot No.54 Marol Industrial Cooperative Area, Off Andheri Kurla Road, Andheri(East), Mumbai � 400059.
9-1-93 & 84 Amarchand Sharma Complex,
S.D Road, Secunderabad - 500003
Queens Road, Bengaluru - 560 001, 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, Commerical 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 �Yamla Pagla Deewana: Phir Se� and said work be directed to block all websites/web pages including websites mentioned in Schedule-A hosting contents that related to plaintiff's copyright protected cinematographic film �Yamla Pagla Deewana:Phir Se� 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 immediate or receipt of details of such infringing web sites/web pages in writing; for a permanent injunction restraining the defendants 38-42 from infringing the cinematographic film �Yamla Pagla Deewana:Phir Se� by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them form infringing the plaintiff's copyrighted cinematographic film �Yamla Pagla Deewana: Phir Se� 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 �Yamla Pagla Deewana:Phir Se� 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 �Yamla Pagla Deewana:Phir Se� through different mediums including but not limited to CD, DVD
Blu-ray disc, VCD, Cable TV, Direct to home service, 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.Bhutt
For Defendants : No appearance
JUDGMENT
Ms.Durga V Bhatt, learned counsel on record for sole plaintiff submits that she has instructions from the plaintiff to withdraw the suit. Pursuant to such instructions, learned counsel has made an endorsement in the suit file, which reads as follows:-
'Upon written instructions from the plaintiff, we hereby withdraw the said suit'
05.10.2018 Index : Yes/No gpa/mp
M.SUNDAR, J. gpa/mp
C.S.No.611 of 2018 and O.A.Nos.815 and 816 of 2018
05.10.2018
2 issues framed by the court
Whether to allow the withdrawal of the suit for infringement of copyright.
Whether costs should be awarded on withdrawal.
3 provisions across 3 enactments
Soham Rockstar Entertainment
Bharat Sanchar Nigam Limited
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
