The High Court of Madras dismissed a civil suit for copyright infringement and accounting as infructuous based on the plaintiffs' instructions not to pursue the matter. Connected interlocutory application notice was closed.
Suit dismissed as infructuous with interest payable on final decree.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.09.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.62 of 1997 and O.A.No.73 of 1997
1.G.Sethuraman Proprietor Trans Arts India Madras- 600 006.
Vs.
This Civil Suit is preferred, under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 CPC and Sections 55 and 62 of the Copy Right Act, 1957, to declare that the first plaintiff is the exclusive and absolute owner of the copyright of exhibition and exploitation of the Tamil colour film 'Mainthan' starring Nepolean, Selva, Vadivelu, Nirosha and others, directed by Pugalendi, music by Deva, having 'U' certificate No.91107 dated 29.06.1994 issued by the Central Board of film certification Government of India; seeking a permanent injunction, restraining the defendants, their men, servants, agents, and everyone claiming under them or acting on their behalf from in any way infringing the first plaintiff's copyright of exhibition and exploitation of the Tamil colour film 'Mainthan' starring Nepolean, Selva, Vadivelu, Nirosha and others directed by Pugalendi, Music by Deva, having 'U' certificate No.91107 dated 29.06.1994 issued by the Central Board of film certification Government of Tamilnadu and all world satellite Telecast rights (including India) and its allied foot print nations as known in the film Trade in any manner whatsoever; to direct the defendants to render a true and proper accounts of the entire realisations derived by telecasting the suit picture 'Mainthan' featuring Nepolean, Selva, Nizhalgal Ravi, Vadivelu, Nirosha, Prema and others, Music by Deva and directed by Pugalendhi, on 02.02.1997 through the 2nd defendant Sun T.V. and direct the defendants to pay that amount to the first plaintiff with interest on final taking of accounts and passing final decree quantifying the liability of the defendants and for costs. For Plaintiff : Mr.B.Arvind Srevatsa
for Mr.R.Ramanlal
For Defendants : Mr.G.Veepathiran (for D1) No Appearance (D2)
JUDGMENT
Mr.B.Arvind Srevatsa, learned counsel representing the counsel on record for two plaintiffs submits that this suit has become infructuous. Learned counsel has made an endorsement in the suit file which reads as follows:
"The above suit may kindly be dismissed as infructuous based on instructions from the Plaintiffs.
Sd/-
Representing counsel for the Plaintiffs"
04.09.2018
Speaking/Non-Speaking order Index : Yes/No
vsm/kan
M.SUNDAR, J.
vsm/kan
C.S.No.62 of 1997 and O.A.No.73 of 2017
04.09.2018
G.Sethuraman Proprietor Trans Arts India
G.Balasubramaniyan
S.Abubakker Siddiq
Sun T.V.
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
