Plaintiff's counsel withdrew the civil suit for permanent injunction regarding copyright infringement of the film 'Tumbbad'. The court accepted the withdrawal without refund of court fees and dismissed the suit.
Suit dismissed as withdrawn with no order as to costs.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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.11.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.698 of 2018
and
O.A.Nos.942 & 943 of 2018
Eros International Media Limited
Gee Gee Universal, 2 nd Floor, Bearing Door No.2,
Old No.16, 18/1&2 (Old No.8),
MC Nichols Road,
Chetpet, Chennai – 600 031
Represented by its Authorised Signatory
Mr.Arun Kumar .. Plaintiff
Vs.
1. Bharat Sanchar Nigam Limited,
Bharat Sanchar Bhavan,
Harish Chandra Mathur Lane,
Janpath, New Delhi - 110 001.
2. Mahanagar Telephone Nigam Ltd
5 th Floor, Mahanagar Doorsanchar Sadan,
9, CGO Complex Lodhi Road, New Delhi 110003
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 - 600002.
2
3
Shopping Center, Opp, Swaminarayan Temple, Shahibaugh, Ahmedabad – 380 004.
14 BG Broadband India Private Limited, Plot No.54 Marol Industrial Cooperative Area, Off Andheri Kurla Road, Andheri(East), Mumbai – 400059. 15. Sify Technologies Limited, 2nd floor, 'TIDEL PARK', No.4, Canal Bank Road, Chennai - 600 113. 16. Siti Broadband Services Pvt. Ltd B-10, Lawrence Road, Industrial Area, New Delhi North West DL 110035 IN 17. You Broadband & Cable India Ltd, 2nd and 3rd floor, IQARA Centre, Near Gujarat Gas Circle, Adajan-Hazaria Road, Surat - 395009 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 Private Limited B-86, Sector 14 Noida-201301
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Uttar Pradesh,India. 22. Nettlinx Limited, 5-9-22, 3rd floor, My Home Sarovar Plaza, Secretariat Road, Saifabad, Hyderabad – 500004
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Erode-638006.
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A Block, West Wing, Cathedral Road, Chennai - 600 086, Tamil Nadu.
No.16, No 1A Kalpana Appartments, 1st Street, Above Padmanaba Nagar Electricity Board, Adyar, Chennai – 600 020.
39.Jak Communications Pvt Ltd No.4 J Block, Near 6th Avenue, Anna Nagar East,
Chennai – 600 102.
Chennai – 600 031.
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 “Tumbbad” 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 “Tumbbad” in any manner, thereby
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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 “Tumbbad” 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 “Tumbbad” 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 “Tumbbad” 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 “Tumbbad” 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.
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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 is not insisting on refund of court fees.
-sd/-
(Counsel for Plaintiff)
23.11.2018'
3. Learned counsel, while reiterating the aforesaid endorsement,
submits that plaintiff is not insisting on refund of Court fees.
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.698 of 2018
and O.A.Nos.942 & 943 of 2018
23.11.2018
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd
Bharti Airtel Limited
Aircel Cellular Limited
Syscon Infoway Pvt. Ltd.
M.M.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
