Supreme end of Civil Suit No. 27 of 2019 filed for permanent injunction against telecom and cable operators for copyright infringement of the film 'VISWASAM'. The court dismissed the suit as withdrawn by the plaintiff who did not seek refund of court fees.
The suit was dismissed as withdrawn. 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: 01.02.2019
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.27 of 2019
and
O.A.Nos.21 and 22 of 2019
Sathy Jyothi Films
A partnership Firm
Rep. by its partner
T.ARJUN, M/age 34 years,
Having office at 43/87, Kasthuri Avenue,
MRC Nagar, RA Puram, Chennai 600 028. .. 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. Vodafone Idea Limited (Formerly Idea Cellular Limited),
Suman Tower, Plot No.18, Sector 11,
Gandhinagar, Gujarat – 382 011.
5. Reliance Jio Infocomm Ltd.,
9 th Floor, Maker Chambers -IV,
222, Nariman Point, Mumbari – 400 021.
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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), 62 of The Copyright Act, 1957 and The Copyright (Amendment) Act, 2012 and Section 7 of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, No 4 of 2016 – Suit for Permanent Injunction for the Infringement of Copyright; Praying to
a) A permanent injunction restraining the defendants 1 to 29 from infringing the cinematographic film “VISWASAM” and said work be directed to block all websites/web pages including websites mentioned in Schedule
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hosting contents that relate to Plaintiff's copyright protected the cinematographic film “VISWASAM” 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;
b) A permanent injunction restraining the Defendants 30- 38 from infringing the cinematographic film “VISWASAM” 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 “VISWASAM” 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 “VISWASAM” 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 “VISWASAM” 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;
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 and thereby render justice.
For Plaintiff : Mr.Vijayan Subramanian
For Defendants : No appearance
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JUDGMENT
Mr.Vijayan Subramanian, learned counsel on record for sole plaintiff
is 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: 'I have got instruction from my client to withdraw the suit. I may be permitted to withdraw the suit. I am not insisting on refund of court fee.
-sd/-
(Counsel for Plaintiff)'
submits that plaintiff is not insisting on refund of Court fees.
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withdrawn. Consequently, all interlocutory applications are closed. There
shall be no order as to costs.
01.02.2019
Index : Yes/No
vsm/mp
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M.SUNDAR, J.
vsm/mp
C.S.No.27 of 2019 and
O.A.Nos.21 and 22 of 2019
01.02.2019
1 issue framed by the court
Whether to allow the plaintiff to withdraw the civil suit for permanent injunction regarding copyright infringement without refund of court fees.
4 provisions across 4 enactments
Sathy Jyothi Films Rep. by T Arjun
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd
Bharti Airtel Limited
Vodafone Idea Limited
Reliance Jio Infocomm Ltd.
M Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
