The plaintiff filed a civil suit seeking an injunction against defendants for copyright infringement of the film Motichoor Chaknachoor. The court accepted the request to withdraw the suit and dismissed it.
Civil Suit C.S.No.660 of 2019 and connected original applications O.A.Nos.1024 and 1025 of 2019 dismissed as withdrawn. 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.660 of 2019 and O.A.Nos.1024 and 1025 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.01.2020
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.660 of 2019 and O.A.Nos.1024 & 1025 of 2019
Viacom 18 Media Private Limited, Having its Office at Shyamala Towers, Fifth Floor, 136, Abhusali Street, Saligramam, Chennai-600093 Represented by its Power Agent Mr.Vinit Chandra Sharma .. Plaintiff /versus/ 1.Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi-110 001. 2.Mahanagar Telephone Nigam Ltd., 5th Floor, Mahanagar Doorsanchar Sadan, 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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C.S.No.660 of 2019 and O.A.Nos.1024 and 1025 of 2019
4.Aircel Cellular Limited, 5th Floor, Spencer Plaza, 769 Anna Salai, Chennai-600 002.
5.Hathway Cable & Datacom Limited, 4th Floor, “Rahejas”, Main Avenue, Santacruz (W), Mumbai-400 054.
6.Excitel Broadband Pvt.Ltd., 0-2, 2nd Floor, Lajpat Nagar II, New Delhi-110024, India.
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.Siliguri Internet & Cable TV Pvt.Ltd., 7, Dinabandhu Mitra Sarani, Subhash Pally, Siliguri-734 001.
10.Tata Teleservices Limited, 2A, Old Ishwar Nagar, Main Mathura Road, New Delhi 110 065.
11.Syscon Infoway Pvt.Ltd., 402, Fourth Floor, Skyline icon, Andheri Kurla Road, Behind Mittal ind.estate, Andheri east, Mumbai-400 059. 12.GTPL Hathway Ltd., 202, 2nd Floor, Sahajanand,
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C.S.No.660 of 2019 and O.A.Nos.1024 and 1025 of 2019
Shopping Center, Opp. Swaminarayan Temple, Shahibaugh, Ahmedabad-380 004.
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 Cooperative Area, Off Andheri Kurla Road, Andheri (East), Mumbai-400 059.
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
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, Thiruvannanthapuram, Kerala-695581.
19.Data Infosys Limited, Station Road, Durgapura, Jaipur-302019.
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C.S.No.660 of 2019
and O.A.Nos.1024 and 1025 of 2019
20.Readylink Internet Services Limited, Galaxy, Plot No.7, Sakhthi Colony, RK Puram, Ganpathy, Coimbatore-641006.
21.Opto Network Private Limited, 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-500 004.
23.City Online Services Limited, 701, 7th Floor, Aditya Trade Center, 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, Gulmohar House, 161/B-4 Gautam Nagar, Yusuf Sarai,
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New Delhi-110 049, India.
27.Virgo Global Media Limited, 9-1-93 & 84, Amarchand Sharma Complex, S.D.Road, Secunderabad-500003.
28.Southern Online Bio Technologies Limited, Flat No.A3, 3rd Floor, Office Block, Samrat Complex, Saifabad, Hyderabad-500004.
29.My Net Services India Private Limited, #12, I Floor, IV Cross, Gandhipuram, Pallipalayam, Erode-638006.
30.Digital Network Associates Pvt.Ltd., 1st Floor, Shop No.14, Rooprajat Nagar, Opp-Cidco Colony, Boisar-Tarapur Road, Boisar-West, Palghar-401501.
31.Limras Eronet Broadband Services Private Limited, 18/7, 3rd Street, West Mambalam, Chennai-600 033.
32.RS Broadband Service India Private Limited, AL-134, 2nd Street, 11th Main Road, Anna Nagar, Chennai-600040.
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.
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C.S.No.660 of 2019 and O.A.Nos.1024 and 1025 of 2019
35.Essel Shyam Communications Ltd., 1121, Hemkunt Chambers, 11th Floor, 89 Nehru Place, New Delhi-110019, India.
36.Five Network Solution (I) Limited, 22/2, Plot No.275-B, Gurunanak School Compound, Sion (West), Mumbai 400022, 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.1A Kalpana Apartments, 1st Street, Above Padmanaba Nagar Electricity Board, Adyar,
Chennai-600 020.
39.Jak Communications Pvt.Ltd., No.4J 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.9A/5, Club Road, Near Mittai Shop, Chetpet, Chennai-600 031.
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C.S.No.660 of 2019
and O.A.Nos.1024 and 1025 of 2019
42.Thiru Nagar Satellite Vision Pvt.Ltd., No.149/80 Vijaya Theatre Complex, Behind Kasi Theatre, Pillaiyar Koil Street, Jafferkhanpet, Chennai-600 083
.. Defendants
Prayer: This Civil Suit filed under Order VII Rule 1 of Civil Procedure Code and Order IV Rule 1 of Original Side Rules, 1965 read with Sections 51, 52, 55 and 62 of the Copy Right 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 praying to pass a judgment and decree: (a) a permanent injunction restraining the Defendants 1 to 37 and any other person or entity infringing the cinematographic film “Motichoor Chaknachoor” to be released in Hindi language with English subtitles and said work be directed to block all websites/web pages including websites mentioned in Schedule-A hosting contents that relate to Plaintiff's copyright protected cinematographic film “Motichoor Chaknachoor” 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 and/ or through their services immediate of receipt of details of such infringing websites/webpages in writing from the plaintiff or its authorised representative in any manner whatsoever; (b) a permanent injunction restraining the Defendants 38-42 and any other person or entity infringing the cinematographic
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C.S.No.660 of 2019
and O.A.Nos.1024 and 1025 of 2019
film “Motichoor Chaknachoor” to be released in Hindi language with English subtitles 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 “Motichoor Chaknachoor” 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 “Motichoor Chaknachoor” 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 “Motichoor Chaknachoor” 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.
For plaintiff :Ms.Shruthi Srinivasan For Defendants :Mr.D.Danial Amrose for D1
Mr.A.M.Venkatakrishnan for D30
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C.S.No.660 of 2019 and O.A.Nos.1024 and 1025 of 2019
JUDGMENT
The learned counsel for the plaintiff wants to withdraw the
suit. Necessary endorsement is made in the plaint.
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C.S.No.660 of 2019 and O.A.Nos.1024 and 1025 of 2019
Dr.G.JAYACHANDRAN,J.
ari
C.S.No.660 of 2019
and O.A.Nos.1024 & 1025 of 2019
03.01.2020
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1 issue framed by the court
Whether the plaintiff has withdrawn the suit.
5 provisions across 5 enactments
Viacom 18 Media Private Limited
Bharat Sanchar Nigam Limited
G Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
