The plaintiff sought to withdraw the suit for permanent injunction relating to copyright infringement of the film 'Love Aaj Kal'. The court permitted the withdrawal, dismissed the suit, and consequently closed the connected applications.
Permission to withdraw granted; suit dismissed as withdrawn; no costs; connected applications closed.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.63 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2020
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
C.S.No.63 of 2020
and
O.A.Nos.99 & 100 of 2020
Maddock Films Private Limited,
4A, Jai Singh Building,
63, West Ave,
Santacruz West,
Mumbai,
Maharashtra 400054.
Rep. by its authorised Signatory
Mr.Kamlesh Jain ...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
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C.S.No.63 of 2020
3 Bharti Airtel Limited, Bharti Crescent, 1, Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi- 110 070.
4.Aircel Cellular Limited, 5th Floor, Spencer Plaza, 769 Anna Salai, Chennai- 600002. 5.Hathway Cable & Datacom Limited, 4th Floor, “Rahejas”, Main Avenue, Santacruz (W), Mumbai- 400054. 6.Tata Communication Limited, Vsb, Mahatma Gandhi Road Fort Mumbai, Maharastra 400001.
7.Vodafone India Limited, Peninsula Corporate Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai- 400 013. 8.Idea Cellular Limited, Suman tower, Plot No.18, Sector 11, Gandhinagar, Gujarat- 382 011. 9.Reliance Communications Infrastructure Limited, Dhirubhai Ambani Knowledge City, Navi Mumbai 400709.
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C.S.No.63 of 2020
10.Tata Teleservices Ltd., 2 A, Old Ishwar Nagar, Main Mathura Road, New Delhi 110065.
11.Syscon Infoway Pvt., Ltd., 402, Fourth Floor, Skyline icon, Andheri Kurla Road, Behind Mittal Ind. Estate, Anderi East, Mumbai-400059 12.GTPL Hathway Ltd., 202, 2nd Floor, Sahajanand, Shopping Centre, Opp. Swaminarayan Temple, Shahibaugh, Ahamedabad 380004.
13.Tikona Digital Networks Private Limited, Office 3A, 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 Kurla Road, Andheri (East), Mumbai 400059.
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C.S.No.63 of 2020
New Delhi North West, DL 110035 IN.
2nd and 3rd Floor, IQARA Centre, Near Gujara Gas Circle, Adajan-Hazaria Road, Surat-395009.
2A, II Floor, Leela Inforpark, Technopark Limited, Kazhakkottam, Thiruvananthapuram, Kerala – 695581.
19.Data Infosys Limited, Station Road, Durgapura, Jaipur 30.
Galaxy, Plot No.7, Sakhthi Colony, RK Puram, Ganapathy, Coimbatore-641006.
B-86, Sector-14, Noida-201301, Uttar Pradesh, India.
22.Nettlinx Limited, 5-9-22, 3rd Floor, My Home Sarovar Plaza, Secretariat road, Saifabad, Hyderabad- 500004.
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C.S.No.63 of 2020
23.City Online Service Limited, 701, 7th Floor, Adithya Trade Centre, Ameerpet, Hyderabad 500 038.
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, Thachil Complex, No.10, 3rd floor, Raja Annamalai road, Saibaba Mission Post, Coimbatore-641011, Tamilnadu, India.
27.Virgo Global Media Limited, 101, Achyuth Mazar, H.No:7-1-621/48, S.R.Nagar, Hydrabed, Telangana 500038.
28.Southern Online Bio Technologies Limited, Flat No.A3, 3rd Floor, Office Block, Samrat Complex, Saifabad, Hyderabad 500004.
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C.S.No.63 of 2020
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C.S.No.63 of 2020
36.Five Network Solution (I) Ltd., 22/2, Plot No.275-B, Gurunanak School Compound, Sion (West), Mumbai 400022, India.
37.Atria Covergence Technologies Limited, Indian Express Building, No.1, 2nd Floor, Queen's Road, Bengaluru- 560 001. Karnataka Also at No.17/68, Chevalier Shivaji Ganedan Street, New Colony, T.Nagar, Chennai600017.
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 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 600031.
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C.S.No.63 of 2020
...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 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012 and Section7 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 37 from infringing the cinematographic film “Love Aaj Kal” and said Work be directed to block all websites/web pages and future websites (including their prefix and suffix) and those Non-Complaint website mentioned in Schedule-A hosting contents that relate to Plaintiff's copyright protected cinematographic film “ Love Aaj Kal” 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
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C.S.No.63 of 2020
websites/webpages in writing;
(b) A permanent injunction restraining the Defendants 38-42 from infringing the cinematographic film “Love Aaj Kal” by themselves, their partners/proprietor/directors, heirs, representatives, successors in busines, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the Plaintiff's copyrighted cinematographic film “Love Aaj Kal” 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 “Love Aaj Kal” 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 “Love Aaj Kal” 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.Arun C. Mohan
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C.S.No.63 of 2020
M.S.RAMESH,J.
sbn/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 the learned counsel 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, the connected Applications are closed.
04.03.2020
Index:Yes/No
Internet:Yes/No
sbn/hvk
C.S.No.63 of 2020
and
O.A.Nos.99 & 100 of 2020
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4 provisions across 4 enactments
Maddock Films Private Limited
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd.
3 Bharti Airtel Limited
Aircel Cellular Limited
Hathway Cable & Datacom Limited
M.S.RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
