The plaintiff sought withdrawal of the civil suit filed under the Indian Copyright Act. The court considered the submission and the endorsement by the plaintiff's counsel. The court dismissed the suit as withdrawn without costs.
The Civil Suit is dismissed as withdrawn. No 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.
C.S.No.351 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.08.2019
Coram
The Honourable Mr. Justice KRISHNAN RAMASAMY
C.S.No.351 of 2007
PRAYER : This Civil Suit has been filed under Sections 55 and 62
of the Indian Copy Right Act 1957 read with Order IV Rule 1 of O.S.
and Order VII Rule 1 of CPC
1/4
C.S.No.351 of 2007
KRISHNAN RAMASAMY.J.,
mrp
(a) for a declaration that the plaintiff is the absolute owner of
the limited copyrights viz., Entire Video Copyrights, VCD Rights, DVD Rights etc., Cable TV Copyrights, Web/Internet Copyrights, Exhibition and Rights to Communicate to the Public in any Manner for entire India and its Union Territories etc., in the schedule mentioned films as per the agreement dated 01.02.2006 for perpetual period;
(b) for a permanent injunction restraining the defendants,
their men, agents, servants or assigns from in any manner infringing the limited copyrights viz., entire video copyrights, VCD Rights, DVD rights etc., Cable TV Copyrights, Web/Internet Copyrights, Exhibition and Rights to communicate to the Public in any manner for entire India and its Union Territories etc., in the
films described in the schedule to the plaint in any manner whatsoever and for costs of the suit.
For Plaintiff : Mrs. Monica Chopdha for Mr. K.Harishankar
For defendants : D1, D2, D4 & D5 were set ex-parte : No appearance, for D3
2/4
C.S.No.351 of 2007
JUDGMENT
The learned counsel for the plaintiff seeks permission of this
Court to withdraw the suit and she has also made an endorsement to that effect.
3/4
C.S.No.351 of 2007
KRISHNAN RAMASAMY, J.,
mrp
C.S.No.351 of 2007
13.08.2019
4/4
1 issue framed by the court
Whether the civil suit for declaration and permanent injunction regarding copyright infringement should proceed after the plaintiff's request to withdraw it.
4 provisions across 3 enactments
K.S.Gopalakrishnan
M/s. Prasad Film Laboratories
M/s. Gemini Colour Laboratory
M/s. Vijaya Colour Laboratories
M/s. A.V.M.Cine Lab
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
