In a suit for copyright declaration and injunction regarding the film 'BIGIL', the plaintiff withdrew the action. The High Court dismissed the suit as withdrawn without adjudicating on the merits.
The plaint was endorsed with notation of withdrawal and the suit was dismissed as withdrawn.
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.616 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S.No.616 of 2019
O.Kamaran
Proprietor of M/s. Sri Dhanalakshmi Pictures,
No.1, Corporation Colony,
Kodambakkam,
Chennai – 600024. ... Plaintiff
Vs.
1. M/s. Screen Scene Media Entertainment Private Limited,
Represented by its Director P.Gokul Yadav,
No.2/2, Plot No.9, Cenotoph 2 nd Ln,
Teynampet,
Chennai – 600018.
2. Qube Cinema Technologies Private Limited,
No.42, Dr. Ranga Road,
Mylapore, Chennai – 600004. ... Defendants
Plaint under Section 55 and 62 of Copy Right Act, 1955, read with Order IV Rule 1 of O.S. Rules and OrderVII Rule 1 of CPC. Read with Section 7 of the Commercial Courts Act, Commercial Division and Commercial Appellate Division of High Court Act, 2015 (Act No.4 of 2016) praying as follows :-
(a) declaring the plaintiff is the absolute copy right owner of Commercial and Theatrical Exhibition Rights of the Tamil film
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C.S.No.616 of 2019
titled “BIGIL” starring Vijay, Nayanthara, Yogibabu and others, Directed by Atlee and Music by A.R.Rahman, in respect of Chennai-City as described in the schedule hereunder, for the period of 2 (Two) months commencing from its first and general release;
(b) for a permanent injunction restraining the second defendant his agents and servants and anybody and everybody claiming through or under him, from issuing Key Delivery Message (KDM) for the Tamil film titled “BIGIL” starring Vijay, Nayanthara, Yogibabu, and others, Directed by Atlee and Music by A.R.Rahman, in respect of Chennai-Ctiy area for the period of 2 (Two) months commencing from its first and general release, to anyone, except the plaintiff or the person authorized by the plaintiff;
(c) costs of the above proceedings.
For Plaintiff : Mr.R.Vignesh Kumar For Defendants : Mr.S.Arjun Suresh
JUDGMENT The learned counsel appearing for the plaintiff seeks permission
of this Court to withdraw this civil suit. He has also made an endorsement to that effect.
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by the learned counsel appearing for the plaintiff, the present Civil
Suit is dismissed as withdrawn.
13.12.2019
Index : Yes / No
Internet : Yes / No
sni
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C.S.No.616 of 2019
sni
Dr.G.JAYACHANDRAN,J.
C.S.No.616 of 2019
13.12.2019
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1 issue framed by the court
Whether to allow withdrawal of civil suit by the plaintiff.
4 provisions across 4 enactments
O. Kamaran
M/s. Screen Scene Media Entertainment Private Limited
Qube Cinema Technologies Private Limited
Dr. G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
