The plaintiff withdrew the copyright infringement suit regarding the film 'Manto'. The court dismissed the suit as withdrawn, closing connected applications and noting no order on costs.
Suit dismissed as withdrawn; connected applications closed; no order as to costs.
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: 11.10.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.652 of 2018 and O.A.Nos.883 & 884 of 2018
Viacom 18 Media Private Limited Suit 410, 411 Apeejay Business Centre Apeejay House Chennai 600 006 Represented by its Senior Executive � Legal Mr.Manas Gaur .. Plaintiff
Vs.
1 Bharath Sanchar Nigam Limited Bharath Sanchar Bhavan Harish Chandra Mathur Lane Janpath New Delhi 110 001
2 Mahanagar Telephone Nigam Limited 5th 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 600 002
5 Hathway cable and Datacom Limited 4th floor Rahejas Main Avenue Santacruz (W) Mumbai 54
6 Sistema Shyam TeleServices Limited MTS Tower, 3, Amrapali Circle Vaishali Nagar Jaipur � 302 021.
7 Vodafone India limited Peninsula corporate Park Ganpatrao Kadam Marg Lower Parel Mumbai 13
8 Idea Cellular Limited Suman Tower Plot No.18 Sector II Gandhinagar Gujarat 382 011
9 Siliguri Internet & Cable TV Pvt. Ltd 7, Dinabandhu Mitra Sarani Subhash Pally, Siliguri -
10 Tata Docomo
2A Old Ishwar Nagar Main Mathura Road New Delhi 65
11 Syscon Infoway Pvt Lltd. 402 fourth floor skyline icon Andheri kurla Road Behind Mittal Ind.estate Andheri east Mumbai 59
12 GTPL Hathway Ltd 202, 2nd Floor, Sahajanand Shopping Center, Opp. Swaminarayan Temple Shahibaugh Ahmedabad � 380 004.
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
15 Sify Technologies Limited
2nd floor TIDEL Park, No.4 Canal Bank Road 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
18 Asianet satellite
Communications 2A II floor Leela Infopark Technopark Limited Kazhakkottam
Thiruvananthapuram Kerala 695 581
19 Data Infosys Limited Station Road Durgapura Jaipur 302018
20 Readylink Internet services Limited Galaxy Plot No.7 Sakthi colony RK Puram Ganpathy Coimbatore 641 006
21 Opto Network P Ltd.
B86 Sector 14 Noida 201301 Uttar Pradesh India
22 Nettlinx Limited
5-9-22 3rd floor My Home Sarovar Plaza Secretariat Road Saifabad Hyderabad 4
23 City Online services Limited 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 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 MyNet Services India Private Limited 12 I floor IV Cross Gandhipuram Pallipalayam Erode 638 006
30 Digital Network Associates Pvt. Ltd., 1st Floor, Shop No.14, Rooprajat Nagar Opp-Cidco Colony, Boisar-Tarapur
31 Limras Eronet Broadband services Private Limited 18/7, 3rd Street, West Mambalam, Chennai � 600 003.
32 RS Broadband Service
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
34 Pulse Telesystems Private Ltd.
51/52 Real Towers 3rd floor Royapettah High Road Mylapore Chennai 4 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
37 Atria convergence Technologies Private Limited Indian Express Building No. 1 2nd floor Queens Road Bengaluru 1 Karnataka also at Steeple Reach Ground floor A Block West Wing, Cathedral Road, Chennai � 600 086, Tamil Nadu
38 Action Lane No.16, No 1A Kalpana Apartments 1st Street, Above Padmanaba Nagar Electricity Board, Adyar Chenai � 600 020.
39 Jak Communications Pvt Ltd No.4 J Block, Near 6th Avenue Anna Nagar East Chennai � 600 102.
40 C32 Cable Net Pvt Ltd.
Old No.284 New No.204 Shanmugam salai Royapettah Chennai 14
41 Thamizhaga Cable TV Communication Pvt, Ltd. No.9 A/5, Club Road Near Mittai Shop
Chetpet, Chennai � 600 031.
42 Thiru Nagar Satellite Vision Pvt Ltd No.149/80 Vijaya Theatre Complex Behind Kasi Theatre Pillaiyar Koil Street JafferKhanpet
Chennai- 600 083. .. 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 and any other person or entity infringing the cinematographic film ''Manto'' and said work be directed to block all websites/web pages including websites mentioned in Scehdule-A hosting contents that relate to plaintiff's copyright protected cinematographic film ''Manto'' 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 from the plaintiff or its authorised representative in any manner whatsoever;
b) grant permanent injunction restraining the defendants 38 to 42 and any other person or entity infringing the cinematographic film �Manto� 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 �Manto� 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 �Manto� 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 �Manto� 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;
c) for costs of the suit; and
d) pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.
For Plaintiff : Mr.Arun C Mohan
For Defendants : Mrs.K.Parameshwari [D1]
JUDGMENT
Mr.Arun C Mohan, learned counsel on record for sole plaintiff submits that he has instructions from the plaintiff to withdraw this suit. Saying so, learned counsel has made an endorsement in the suit file, which reads as follows:
'The counsel for plaintiff may be permitted to withdraw the suit upon written instructions from the plaintiff.
(s/d)
11.10.2018'
11.10.2018
Speaking/Non-Speaking order
Index : Yes/No
vsm
M.SUNDAR, J. vsm
C.S.No.652 of 2018 and O.A.Nos.883 & 884 of 2018
11.10.2018
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
