The High Court dismissed a civil suit for permanent injunction regarding copyright infringement upon the plaintiff's request to withdraw the proceedings.
Suit dismissed as withdrawn; No costs awarded; Connected applications closed.
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.32 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2020
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
C.S.No.32 of 2020
and
O.A.Nos.63 & 64 of 2020
Super Cassettes Industries Private Limited,
E-2/16, White House,
Ansari Road, Dariya Ganj,
New Delhi-110 002.
Rep., by its Authorized Signatory,
Mr.Sant Prakash Gurunaney. ...Plaintiff
Vs.
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 Doorsanchar Sandan,
9, CGO Complex, Lodhi Road, New Delhi110003
3.Bharati Airtel Limited,
Bharati Cresent, 1, Nelson Mandela Road,
Vasant Kunj, Phase II,
New Delhi-110 070.
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Mumbai- 400 013.
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11.Syscon Infoway Pvt., Ltd., 402, Fourth Floor, Skyline icon, Andheri Kurla Road, Behind Mittal Ind. Estate, Andheri East, Mumbai-400059. 12.GTPL Hathway Ltd., 202, 2nd Floor, Sahajnand, Shopping Center, Opp. Swaminarayan Temple, Shahibaugh, Ahmedabad-380004. 13.Tikona Digital Networks Private Limited, Office 3 A, 3rd Floor, LBS Marg, Bhandup (West), Mumbai-400 078. 14.BG Broadband India Private Limited, Plot. No.54, Marol Industrial Co-operative Area, Off Andheri Kura Road, Andheri (East), Mumbai-400059.
15.Sify Technologies Limited, 2nd Floor, 'TIDEL PARK', No.4, Canal Bank Road, Chennai-600 113.
16.Siti Broadband Services Pvt., Ltd., B-10, Lawrence Road, Industrial Area, New Delhi North West, DL 110035 IN.
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17.You Broadband & Cable India Ltd, 2nd and 3rd Floor, IQARA Centre, Near Gujarat Gas Circle, Adajan-Hazaria Road, Surat-395009.
18.Asianet Satellite Communications, 2A, II Floor, Leela Infopark, Technopark Limited, Kazhakkoottam, Thiruvananthapuram, Kerala-695581.
19.Data Infosys Limited, Station Road, Durgapura, Jaipur-30.
20.Readylink Internet Services Limited, Galaxy, Plot No.7, Sakhthi Colony, RK Puram, GAnapathy, Coimbatore-641006.
21.Opto Network Private Limited, B-86, Sector-14 Noida 201301, Uttar Pradesh, India.
22.Nettlinx Limited, 5-9-22, 3rd floor, MyHome Sarovar Plaza, Secretariat Road, Saifabad, Hyderabad-500004.
23.City Online Services Limited, 701, 7th Floor, Aditya Trade Center, Ameerpet, Hyderabad500 038.
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24.Pioneer eLabs Limited, Pioneer Towers, 7th Floor, Plot No.16, Survey No.64. Software Unit Layout, APIIK, i-Tech City, Madhapur, Hyderabad 500080.
25.AT & T Global Network Service India Pvt., Ltd., 13th Floor, 1305-06, Mohan Dev House, 13 Tolstoy Marg, New Delhi-110 001.
26.Nextgen Communications Limited, Thachi Complex, No.10, 3rd Floor, Raja Annamalai Road, Saibaba Mission Post, Coimbatore-641011, Tamilnadu, India.
27.Virgo Global Media Limited, 101, Achuth Mazar, H.No.7-1-621/48, S.R.Nagar, Hyderabad, Telungana500038.
28.Southern Online Bio Technologies Limited, Flat No.A3, 3rd Floor, Office Block, Samrat Complex, Saifabad, Hyderabad-500004.
29.Mynet Services India Private Limited, #12, I Floor, IV Cross, Gandhipuram, Pallipalayam, Erode-638006.
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30.Reliance Jio Infocomm Ltd., 9th Floor, Maker Chambers-IV,
222, Nariman Point, Mumbai-400021, India.
31.Limras Eronet 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, Chennai600033, Tamil Nadu.
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-600004.
35.Essel Shyam Communications Ltd., 1121, Hemkunt Chambers, 11th Floor, 89 Nehry Place New Delhi-110019, India.
36.Five Network Solution (I) Ltd., 22/2, Plot No.275-B, Gurunanak School Compound, Sion (West), Mumbai400022. India.
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37.Atria Covergence Technologies Limited, Indian Express Building, No.1,2nd Floor, Queen's Road, Bengaluru-560 001. Karnataka. Also at, No.17/68, Chenalier Shivaji Ganesan Street, New Colony, T.Nagar, Chennai 600017.
38.Action Lane, No.16, No 1A Kalpana Appartments, 1st Street, Above Padmanaba Nagar Electricity Board, Adyar, Chennai-600020. 39.Jak Communications Pvt. Ltd., No.4 J Block, Near 6th Avenue, Anna Nagar East, Chennai-600102.
40.C32 Cable Net Pvt., Ltd., Old.No.284, New No.204, Shanmugam Salai, Royapettah, Chennai- 600 014.
42.Thiru Nagar Satellite Vision Pvt., Ltd., No.149/80 Vijaya Theatre Complex, Behind Kasi Theatre, Pillayar Koil Street, Jafferkhanpet, Chennai-600083. ...Defendants
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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 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.
(a) A permanent injunction restraining the Defendants 1 to 37 from infringing the cinematographic film "Street Dancer 3D" and said Work be directed to block all websites/web pages and future 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 "Street Dancer 3D" 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 38-42 from infringing the cinematographic film "Street Dancer 3D" by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming
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through them or under them from infringing the Plaintiff's copyrighted cinematographic film "Street Dancer 3D" 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 displaying or releasing or showing or uploading or downloading or exhibiting or playing and / or in any manner whatsoever from communicating the cinematographic film "Street Dancer 3D" and said Work without a proper license from the Plaintiff in any other manner which would violate/ infringe the Plaintiff's copyrighted cinematographic film "Street Dancer 3D" 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 Hon'ble Court may deem fit and proper in the circumstances of the case and thereby render justice.
For Plaintiff : Mr.S.Shruthi
For Defendants : Mr.A.M.Venkata Krishnan for D30
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C.S.No.32 of 2020
M.S.RAMESH,J.
hvk
JUDGMENT
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 she has also made an endorsement to that effect.
2. In view of the endorsement made by the learned counsel for the
plaintiff, the present Civil Suit stands dismissed as withdrawn. No costs.
Consequently, connected applications are closed.
16.03.2020
Index:Yes/No
Internet:Yes/No
hvk
C.S.No.32 of 2020
and
O.A.Nos.63 & 64 of 2020
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3 issues framed by the court
Whether to permit withdrawal of the civil suit for permanent injunction regarding copyright infringement.
How to dispose of the suit on the petitionist request for withdrawal.
Whether to award costs in an dismissed withdrawn suit.
5 provisions across 5 enactments
Super Cassettes Industries Private Limited
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd.
Bharati Airtel Limited
Aircel Cellular Limited
Reliance Jio Infocomm Ltd.
M.S.RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
