The plaintiff, Lyca Productions, filed a suit for permanent injunction against multiple defendants regarding copyright infringement of the film 'DARBAR'. On the hearing date, the plaintiff counsel sought and obtained permission to withdraw the suit.
Suit dismissed as withdrawn by the plaintiff. 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.7 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2020
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
C.S.No.7 of 2020
and
O.A.Nos.7 & 8 of 2020
Lyca Productions private Limited,
Rep. by its authorised Signatory,
Mr.Neelakantnarayanpur,
having office at Block B, 4 th Floor, 55,
Vijayaraghava Road,
T.Nagar, Chennai- 600 017. ...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)
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Suman Tower, Plot No.18, Sector 11, Gandhinagar, Gujarat- 382 011.
No.1, Queen's Road, Bengaluru-560 001.
12.Reliance Communications Infrastructure Limited,
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Dhirubhai Ambani Knowledge City, Navi Mumbai-400 709.
No.18/7, 1st Floor, Postal Colony,
III Street, West Mambalam,
Chennai- 600 033.
Unit No.38, 1st Floor, a Wing Madhu Indusrial Estate, P.B.Marg, Worli, Mumbai-400 013.
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New No.40/83/1, Muttiah Street Vellala, Teynampet, Chennai- 600 086.
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236, Okhla Industrial Area, Phase-III, New Delhi- 110 020.
38.Starvision Cable TV Network, Krishnapriya Buildings, Kidangoor South, Kottayam-686 583.
...Defendants
PRAYER: Civil Suit filed 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, 61(1) and 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 Act, praying to grant a judgment and decree on the following terms:
(a) A permanent injunction restraining the Defendants 1 to 29 from infringing the cinematographic film “DARBAR” and said work be directed to block all websites/ web pages including websites mentioned in Schedule hosting contents that relate to Plaintiff's copyright protected cinematographic film “DARBAR” 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 receipts of details of such infringing websites/ web pages in writing;
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(b) A permanent injunction restraining the Defendants 30-38 from infringing the cinematographic film “DARBAR” 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 “DARBAR” by copying, recording, reproducing or allowing cam-cording 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 “DARBAR” 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 “DARBAR” 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, Conditionsl 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 Hon'ble Court may deem fit and proper in the circumstances of the case and thereby render justice.
For Plaintiff : Mr.Vijayan Subramanian
JUDGMENT
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Today, when the matter is taken up for consideration, the learned Counsel for the plaintiff seeks permission of this Court to withdraw this suit and he has also made an endorsement to that effect.
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C.S.No.7 of 2020 and O.A.Nos.7 & 8 of 2020
09.03.2020
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3 provisions across 3 enactments
M.S.RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
