This court heard an application to withdraw a civil suit filed by Yash Raj Films Pvt Ltd for permanent injunction against copyright infringement of the film 'Sui Dhaaga - Made in India'. The court allowed the withdrawal of the suit without court fees.
Suit dismissed as withdrawn; no order as to costs; interlocutory applications closed.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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.11.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
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14 BG Broadband India Private Limited, Plot No.54 Marol Industrial Cooperative Area, Off Andheri Kurla Road, Andheri(East), Mumbai – 400059.
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26/1 first floor 3rd cross street
Kasturibai Nagar, Adyar Chennai - 600020
Chennai - 600 014.
13 M, Block AM Garden, Mandaveli Chennai - 28
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 The Copyright Act, 1957 and The Copyright (Amendment) Act, 2012 and Section 7 of The Commercial Courts, Commercial Appellate Court, 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 “Sui Dhaaga -Made in India” 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 “Sui Dhaaga -Made in India” 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/webpages in writing; for a permanent injunction restraining the Defendants 38-42 from infringing the cinematographic film “Sui Dhaaga -Made in India ” by themselves, their
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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 “Sui Dhaaga -Made in India” 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 “Sui Dhaaga -Made in India” 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 “Sui Dhaaga -Made in India” 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 costs.
For Plaintiff : Mr. Arun C. Mohan For Defendants : Mrs.Parameshwari for D1 JUDGMENT
Ms.Durga V.Bhatt, learned counsel on record for sole plaintiff and
Mrs.Parameshwari, learned counsel for first defendant (BSNL) are before this Commercial Division.
submits that plaintiff has given instructions for withdrawal of this suit.
Saying so, learned counsel on record for plaintiff has made an endorsement in the suit file which reads as follows:
'Upon written instructions received from plaintiff, we may be permitted to withdraw the suit. Further, the plaintiff
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is not insisting on refund of court fees.
-sd/-
(Counsel for Plaintiff)
23.11.2018'
In the light of the narrative supra, this suit is dismissed as withdrawn.
Consequently, all interlocutory applications are closed. There shall be no
order as to costs.
23.11.2018
Index : Yes/No
gpa/mp
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M.SUNDAR, J.
gpa/mp
C.S.No.665 of 2018
and O.A.Nos.901 & 902 of 2018
23.11.2018
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd
Bharti Airtel Limited
Aircel Cellular Limited
Hathway cable & Datacom Limited
M Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
