The suit filed by Maddock Films Private Limited regarding copyright infringement of the film "Angrezi Medium" was dismissed by this Court as withdrawn by the plaintiff.
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 : 23.07.2020
CORAM:
THE HONOURABLE DR. JUSTICE C.V.KARTHIKEYAN
C.S.No.120 of 2020 and O.A.Nos.165 & 166 of 2020 Maddock Films Private Limited 163, Flora Building, Next to Rose Manor School, Central Avenue Road, Santacruz West, Mumbai, Maharashtra 400054 Represented by its Authorized Signatory: Mr.Kamlesh Jain .. Plaintiff
/versus/ 1. Bharat Sanchar Nigam Limited, Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi-110 001. 2. Mahanagar Telephone Nigam Ltd 5th Floor, Mahanagar DoorsancharSadan, 9, CGO Complex, Lodhi Road, New Delhi 110 003. 3. Bharti Airtel Limited Bharti Crescent, 1, Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi - 110 070.
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28.Southern Online Bio Technologies Limited, Flat No.A3, 3rd floor, office block, Samrat Complex, Saifabad, Hyderabad-500 004.
29.My Net Services India Private Limited, #12, I floor, IV cross, Gandhipuram, Pallipalayam, Erode-638 006.
30.Reliance Jio Infocomm Ltd., 9th Floor, Maker Chambers-IV, 222, Nariman Point, Mumbai-400 021, India.
31.LimrasEronet Broadband Services Private Limited, Doshi Towers, First Floor, #156, Poonamalle High Road, Kilpauk, Chennai-600 010.
32.Rs Broadband Service India Private Limited, No.18/7, First Floor, Postal Colony 2nd Street, West Mambalam, Chennai-600 033. Tamilnadu.
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33.Spectra ISP Networks Pvt.Ltd. Plot No.21-22, 3rd Floor, Udyog Vihar, Phase IV, Gurgaon-122 015.
34.Pulse Telesystems Private Limited, 51/52, Real Towers, 3rd Floor Royapettah High Road, Mylapore, Chennai-600 004.
35.EsselShyam Communications Ltd., 1121, Hemkunt Chambers, 11th Floor, 89 Nehru Place New Delhi-110019 India
37.Atria Convergence Technologies Limited, Indian Express Building, No.1, 2nd Floor, Queen's Road, Bengaluru-560 001. Karnataka. Also at No.17/68, Chevalier Shivaji Ganesan Street, New Colony, T.Nagar, Chennai-600 017. 38.Action Lane, No.16, No.IA Kalpana Appartments, 1st Street, Above Padmanaba Nagar Electricity Board, Adyar, Chennai-600 020.
39.Jak Communications Pvt Ltd., No.4J Block, Near 6th Avenue,
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Anna Nagar East, Chennai-600 102.
40.C32 Cable Net Pvt. Ltd. Old No.284, New No.204, Shanmugam Salai, Royapettah, Chennai-600 014.
41.Thamizhaga Cable TV Communication Pvt Ltd No.9 A/5, Club Road, Near Mittai Shop, Chetpet, Chennai-600 031.
42.Thiru Nagar Satellite Vision Pvt Ltd., No.149/80 Vijaya Theatre Complex, Behind Kasi Theatre, Pillaiyarkoil Street, Jafferkhanpet, Chennai-600 083. .. Defendants
PRAYER: This Civil Suit is filed under Order VII Rule 1 of the Code of Civil Procedure read with Section 55 of the Copy Right Act, prayed for
(a) A Permanent injunction restraining the Defendants 1 to 37 from infringing the cinematographic film "Angrezi Medium" and said Work be directed to block all websites/web pages and further websites (including their prefix and suffix and those Non-Compliant websites mentioned in Schedule-A hosting contents that relate to Plaintiff's copyright protected cinematographic film "Angrezi Medium" in any manner, thereby restraining the unauthorized 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 an / or through their services immediate of receipt of details of such http://www.judis.nic.in infringing websites/ webpages in writing;
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(b)A permanent injunction restraining the Defendants 38- 42 from infringing the cinematographic film "Angrezi Medium" by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them form infringing the Plaintiff's copyrighted cinematographic film " Angrezi Medium" 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 "Angrezi Medium" 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 " Angrezi Medium" 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
JUDGMENT
The learned counsel for the plaintiff Mr.Arun C Mohan
addressed a letter to the Registrar (Judicial), Original Side, http://www.judis.nic.in Commercial Division, Madras High Court, Chennai on 17.07.2020,
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stating that the suit CS (Commercial Division).No.120 of 2020 may be
withdrawn as per the plaintiff's instructions.
2. In view of the same, the Suit is dismissed as withdrawn.
No order as to costs. Consequently, connected applications are closed.
23.07.2020
Speaking Order / Non-Speaking Order
Index : yes/no
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C.V.KARTHIKEYAN,J.,
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C.S.No.120 of 2020
and
A.Nos.165 & 166 of 2020
23.07.2020
Maddock Films Private Limited
Bharat Sanchar Nigam Limited
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
