Partly allowed

S.Khaja Mohideen Proprietor v. Sony Music Entertainment India Pvt. Ltd.

Madras HC4 Feb 2020OA/295/2019

Case brief

AI extract

What is this about?

Single Judge, Madras High Court disposed of intertwined injunction applications. The Court confirmed an interim injunction against Sony Music implicating S. Khaja Mohideen, dismissing Sony's plea to vacate. Applications by others claiming different film copyrights were dismissed due to lack of title. The text is an order.

What did the court decide?

Injunction against Sony Music confirmed; Vacate application dismissed; Other applications dismissed.

S.Khaja Mohideen Proprietor Vs Sony Music… — Writ and Judicial Review | Madras HC (2020)

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Reserved on: 22.01.2020

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Pronounced on: 04.02.2020

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Coram::

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The Honourable Dr.Justice G.Jayachandran

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O.A.Nos.295, 921, 1031 of 2019
& A.No.3951 of 2019
in C.S.No.207, 596, 662 of 2019
S.Khaja Mohideen,
Proprietor, Bayshore Records,
No.37, Wallers Road, Anna Salai,
Chennai – 600 002. ... Applicant/Plaintiff
in O.A.No.295 of 2019
R.Aybkhan,
No.16, Bhagavantham Street,
T.Nagar,
Chennai – 600 017. ... Applicant
in O.A.No.921 of 2019
M/s.Star Music,
A Partnership Firm represented by its Partner,
Mr.Poonam Chand,
New No.14, Old No.46/1,
Kannadasan Street,
T.Nagar, Chennai – 600 017. ... Applicant
in O.A.No.1031 of 2019
S.Khaja Mohideen,
Proprietor, Bayshore Records,
No.37, Wallers Road, Anna Salai,
Chennai – 600 002. ... Applicant/Defendant
in A.No.3951 of 2019

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/versus/

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https://hcservices.ecourts.gov.in/hcservices/ 1/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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Sony Music Entertainment India Pvt Ltd. No.92, Main Avenue, Santa Cruz (West), Mumbai – 400 045.

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Mr.S.S.Chakravarthi, Proprietor of M/s.NIC Audio, No.6, Raman Street, T.Nagar, Chennai – 19. .... 1 & 2 Respondents/Defendant in OA.No.295 of 2019

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(The 2^nd Respondent is impleaded as per order dated 06.09.2019 in A.No.6582 of 2019)

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S.Khaja Mohideen, Proprietor, Bayshore Records, No.37, Wallers Road, Anna Salai, Chennai – 600 002.

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Song Music Entertainment India Pvt Ltd., No.92, Main Avenue, Santa cruz (West), Mumbai – 400 054.

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S.S.Chakravathy, Proprietor of Nic Arts, No.1, Senthil Andavar Street, Dhanalakshmi Colony, Vadapalani, Chennai – 600 025. ... 1 to 3 Respondents/Defendants in O.A.Nos.921,1031 of 2019 Sony Music Entertainment India Pvt Ltd. No.92, Main Avenue, Santa Cruz (West), Mumbai – 400 045. ... Respondent/Defendant in A.No.3951 of 2019

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Sony Music Entertainment India Pvt Ltd. No.92, Main Avenue, Santa Cruz (West), Mumbai – 400 045.

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Prayer in O.A.No.295 of 2019:-

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Judges summons filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 & 2 of C.P.C.,

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(i). To grant an ad-interim injunction restraining the respondent from in any manner infringing the applicant's copyrights viz., the entire audio copyrights in the sound

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https://hcservices.ecourts.gov.in/hcservices/ 2/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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recordings in the films set out in the schedule to the Judges' Summons, in terms of the agreement dated 18.02.2004 for a perpetual period, pending disposal of the suit.

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Prayer in O.A.No.921 of 2019:-

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Judges summons filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 & 2 of C.P.C.,

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(i). To grant an interim injunction restraining the 1^st and 2^nd respondents/defendants, their men, agents, successors-in-business, assigns, representatives or any person claiming through or under them from in any manner exploiting and/or infringing the Applicant/Plaintiff's sole and exclusive rights in the soundtrack, background music, sound recordings, underlying musical and lyrical works, in the songs comprising the entire worldwide audio rights in the movie titled “CITIZEN”

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Prayer in O.A.No.1031 of 2019:-

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Judges summons filed under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 & 2 of C.P.C.,

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(i). To grant an interim injunction restraining the 1^st and 2^nd respondents/defendants, their men, agents, successors-inbusiness, assigns, representatives or any person claiming through or under them from in any manner exploiting and/or infringing the Applicant/Plaintiff's sole and exclusive Indian audio rights in the soundtrack, background music, sound recordings, underlying musical and lyrical works, in the songs comprising the entire worldwide audio rights in the move titled “Villain”, pending disposal of the above suit.

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https://hcservices.ecourts.gov.in/hcservices/ 3/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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Prayer in O.A.No.3951 of 2019:-

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Judge's Summons filed under Order XIV Rule 1 of Original

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Side Rules read with Order XXXIX Rule 4 of C.P.C.,

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(i). To vacate the interim order granted on 22.01.2019 in O.A.No.295 of 2019.

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For Plaintiff : Mr.K.Harishankar
For D1 : Mr.P.S.Raman, Senior Counsel
for Ms.Aparajitha Viswanath
For D2 : Mr.A.Abdul Hameed
for M/s.AAV.Partners
COMMON ORDER
The subject matter in the three Civil Suits and the
applications filed along with these suits inter alia is the audio
copyrights of 17 Tamil Cinematograph films produced by one
Mr.S.S.Chakravathy, who is one of the defendants in all the three

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suits. The injunction applications filed by the parties being inter twined with each other on facts. They are all taken up together and decided through this common order.

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Background of the case

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2. The plaintiff in C.S.No.207 of 2019 Khaja Mohideen is the Proprietor of M/s.Bayshore Records, Chennai. He is engaged in

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https://hcservices.ecourts.gov.in/hcservices/ 4/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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business of acquiring and dealing with copyrights in cinematograph films including copyrights of exploiting through Radio stations, Internets and other digital platforms and all media formats. The rights are acquired either directly from the producers of the cinematograph films, who are the owners of the films or from the concerns, which has acquired the copyrights from the original owner. In the present case, he has acquired the exclusive audio copyrights for the 17 Tamil Cinematograph films, which are morefully described in the schedule to the plaint from its producer Mr.S.S.Chakravarthi, Proprietor of M/s.NIC Arts, vide an Agreement of Understanding dated 18.02.2004. By virtue of the said Agreement, the plaintiff holds exclusive right in sound recordings of the schedule films for a perpetual period of 99 years for entire Indian Territory. Being assigned with the exclusive copyrights to exploit, the plaintiff, had entered into agreement with Entertainment Network (India) Ltd and Malar

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Publications Ltd., on 02.11.2004 and 14.08.2004 respectively, to publicly perform/communicate to the public by way of broadcasting

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through their respective FM Radio Stations viz., Radio Mirchi and Hello FM respectively. The plaintiff is earning royalty/fees from them. The plaintiff is also vigilantly protecting his audio

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copyrights over the scheduled films. Earlier, when “SURYAN FM” broadcasted the songs of scheduled films without paying royalty or fees, he filed C.S.No.301 of 2006 on the file of High Court,

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https://hcservices.ecourts.gov.in/hcservices/ 5/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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Madras, for infringement and obtained interim injunction. Later, the suit was withdrawn after Memorandum of Compromise followed by License Agreement dated 14.06.2006, executed by the plaintiff with M/s.SUN TV Limited, the parent company of “Suriyan F.M”

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3. When the plaintiff came to know that, Wynk Music and

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Gamma Gaana Limited, are exploiting the sound recordings from the schedule films in digital and other electronic platforms, without obtaining authorisation from the plaintiff, he caused notice through his counsel on 19.01.2019, calling upon Wynk Music and Gamma Gaana Ltd., to cease and desist from committing any acts of infringement of copyrights by illegally exploiting the audio copyrights held by the plaintiff in the schedule films without obtaining valid license from him. On receipt of the legal notice, M/s.Sony Music Entertainment Ltd., issued reply notice dated 04.02.2019, claiming that, they are the sole and absolute owners

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of the copyrights and other related rights of the scheduled films, which they have acquired from Best Audios and Think Music.

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4. Stating that, the alleged agreement dated 07.05.2008 by “M/s.Best Audios” through its proprietor Mr.M.Mohaideen,

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assigning the entire copyrights of the film titles enlisted in the

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said agreement to Think Music and the subsequent assignment of right by Think Music in favour of the Defendant M/s.Sony Music

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https://hcservices.ecourts.gov.in/hcservices/ 6/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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Entertainment Ltd on 07.07.2011, will not bind the plaintiff. When the producer of the film (the first owner of the copyright) has assigned the audio copyright to him as earlier as 18.02.2004, there could not be any other owner except the plaintiff. Therefore, even if the defendant has entered into agreement with any third party, it is not valid and binding. Hence, prayed for declaration of ownership and permanent injunction in C.S.No.207 of 2016 is laid.

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5. As interim relief, the plaintiff has filed O.A.No.295 of 2019 for interim injunction restraining M/s.Sony Entertainment India Ltd., from any manner infringing the entire audio copyrights of the 17 films set out in the schedule.

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plaint and the content of notices exchanged between the parties, granted interim injunction on 22.04.2019 holding that, the three parameters for grant of exparte interim injunctions namely prima

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facie case, balance of convenience and irreparable legal injury incapable of compensation are made out. The said interim order is being extended time to time.

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7. On receipt of the interim order, M/s.Sony Music

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Entertainment India Pvt Ltd., filed Application No.3951 of 2019,

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https://hcservices.ecourts.gov.in/hcservices/ 7/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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to vacate the injunction claiming title over the subject films. Pending this application, Mr.S.S.Chakravarthi, the producer being the original owner of the copyrights of the subject films was impleaded as second respondent vide order in Application No.6581 of 2019, dated 06.09.2019.

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exploitation through Television, cable, T.V., Satellite Broadcasting and manufacturing Video cassettes/Discs/Tapes etc., of the film “CITIZEN” for all overseas territories including Sri

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Lanka was acquired by M/s.Roja Exports on 09.01.2001 from Mr.S.S.Chakravarthy. The partnership firm M/s.Roja Exports, dissolved on 08.09.2003. Under the terms of dissolution deeds,

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all assets and liabilities were taken over by its partner Mr.R.Ayubkhan, thus he has become the absolute holder of the audio copyrights to all the songs in the film “CITIZEN.”

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https://hcservices.ecourts.gov.in/hcservices/ 8/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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9. Along with the plaint in C.S.No.596 of 2019,

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O.A.No.921 of 2019 for interim injunctions restraining the defendants from exploiting/infringing the copyright in the film “CITIZEN” is filed.

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10. Following Mr.R.Ayubkhan, M/s.Star Music, a partnership firm represented by its partner Mr.Poonam Chand, has filed C.S.No.662 of 2019 claiming that, he is the sole and absolute owner of the Indian Audio Copyright of the film ‘VILLAN’ (one among the 17 films, which are subject matter of C.S.No.207 of 2019). He acquired the Indian Copyrights of the Cinematograph film titled 'VILLAN' vide agreement with the film producer Mr.S.S.Chakravarthy. Relying upon the document dated 31.01.2002 captioned as ‘Letter-cum-Certificate’ M/s.Star Music, claims sole and absolute ownership of the Indian Audio copyrights (excluding cassettes rights) of the film ‘VILLAN’.

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11. Along with the plaint in C.S.No.662/2019, O.A.No.1031/2019 for interim injunctions restraining the defendants from exploiting/infringing the copyright in the film ‘VILLAN’ is filed.

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12. In the above factual background, the Learned

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counsels for the parties have sought for disposal of the

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https://hcservices.ecourts.gov.in/hcservices/ 9/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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interlocutory injunction applications and vacate injunction application.

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13. From the records placed before this Court, one fact

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conclusively accepted by all the contesting parties is that, Mr.S.S.Chakravarthy is the producer of the 17 films which is the subject matter. Thus, he was the original owner of the copyright. While the plaintiff in C.S.No.207 of 2019, claims the audio copyrights 17 movies for Indian Territory was purchased by him from Mr.S.S.Chakravarthy, on 18.02.2004 for valuable consideration, M.Ayubkhan the plainitiff in C.S.No.596 of 2019 claims copyright in respect of one movie titled “CITIZEN” based on an agreement dated 09.01.2001. This agreement though prior in

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point of time, the schedule B in the said agreement mentions that, the right is restricted to entire overseas territories including Sri Lanka. The plaintiff in C.S.No.662 of 2019, M/s.Star Music, claims right over the film 'VILLAN' based on a letter dated 31.01.2001 alleged to have given by M/s.NIC Arts,

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(S.S.Chakravarthy) confirming that, the Indian Audio CD rights of the film “VILLAN” is owned by M/s.Star Music. According to the plaint in C.S.No.662 of 2019, the copyright agreement in respect

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of this film 'VILLAN' has been taken away by the Income Tax Department and impounded.

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https://hcservices.ecourts.gov.in/hcservices/ 10/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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14. Contrary to claims of the plaintiffs in these three suits, (C.S.Nos.207 of 2019, 596 of 2019 and 662 of 2019), M/s.Sony Entertainment India Pvt Ltd., the common defendant in all

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the suits and the applicant in Application No.3951 of 2019, filed to vacate the injunction granted in O.A.295 of 2019, rely on the agreement entered between M/s.NIC Audio (S.S.Chakravarthy) and

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M/s.Best Audio, on 02.05.2008 and agreement entered between M/s.Best Audio and M/s.Think Music, dated 07.05.2008 and the

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agreement dated 07.07.2011 between M/s.Think Audio and M/s.Sony Music Entertainment India Ltd and other documents subsequent to these agreements and flowing from these agreements.

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15. The affidavit filed in support of vacate injunction

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application states that M/s.Sony Music Entertainment India Private Limited, usually purchase audio copyright directly from the

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producers of the film. Occasionally, it also purchase entire catalogues of sound recordings from other music labels. The audio rights which are the subject matter of the suit were purchased by

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Sony Entertainment from a third party as an entire catalogue M/s.Sony Entertainment traces its rights over the subject

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copyright from M/s.Think Music which has assigned audio rights of 146 titles vide agreement dated 07.07.2011 to M/s.Sony Music Entertainment India Pvt. Ltd. The said M/s.Think Music claims right from M/s.Best Audio represented by its owner Mr.M.Mohaideen

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https://hcservices.ecourts.gov.in/hcservices/ 11/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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which has assigned the audio copyright in 49 cinemotographic films to ZR & Z Realtors Pvt Ltd., also known as M/s.Think Music. Out of 49 cinematograph films, which are assigned by M/s.Best Audio to M/s.Think Music, four titles MUGAVARI PRIYAM, VANJINATHAN, VATTAKUDI IRANIAN, which are part of C.S.No.207/2019 were not assigned to M/s.Best Audio. For the rest of the said movies M/s.Best Audio has obtained the right from producer Chakravarthi vide agreement dated 02.05.2008.

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16. It is contended by M/s.Sony Music Entertainment India Pvt Ltd., that for the four titles which are mentioned above, they have no claim. Whereas, in respect of the other films, which are subject matter of the suit claim they are the absolute owners of the title since they have purchased for lawful consideration and after conducting due check about the title while purchasing the title. The producer S.S.Chakravarthy has assigned the right to M/s.Best Music. The assignment agreement between the M/s.Best Music to M/s.Think Music, clearly states that, the rights

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are free from encumbrance. M/s.Song being the bonafide purchaser, immediately after purchase of right with abundant caution went ahead and issued public notice in the Journal of Film Chamber and Dinathanthi on 11.08.2011, calling for any interested persons to approach the defendant within 15 days of the issuance of this notice with any sort of claims.

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https://hcservices.ecourts.gov.in/hcservices/ 12/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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17. The plaintiff S.Khaja Mohideen, the plaintiff in C.S.No.207 of 2019 had not chosen to raise his objection and kept on quite for all these years without initiating any action. M/s.Sony Music Entertainment India Pvt. Ltd., exploiting its right for eight years, the exparte injunction granted has caused great hardship hence, it has to be vacated.

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18. In the affidavit filed in support of the vacate

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interim injunction application, M/s.Sony Music Entertainment India Pvt. Ltd., has raised doubt about the transfer of copyright from M/s.Nick Audio to M/s.Bay Shore records and the maintainability of

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the suit C.S.No.207 of 2019. It is also contended that S.S.Chakravarthi was the only owner of 6 out of the 17 titles

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mentioned. Further, there is no shred of documents to show that M/s.Nic Audio has assigned its right to the plaintiff in O.S.No.207 of 2019. While asserting the right in respect of the

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14 films out of 17 films, the M/s.Sony Music Entertainment India Pvt Ltd., deny the title claim of the plaintiff in toto.

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19. In this connection, it is also relevant and

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necessary to consider the counter affidavit filed by S.S.Chakravarthi in Original Application No.295 of 2019 (injunction application) in C.S.No.207 of 2019.

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20. He has denied the assertion of the plaintiff in C.S.No.207 of 2019 that, the rights were acquired by them under

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https://hcservices.ecourts.gov.in/hcservices/ 13/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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the understanding arrived between them on 18.02.2004. According

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to S.S.Chakravarthi, when he approached the plaintiff, for

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financial assistance/loan, the plaintiff obtained blank stamp papers from him, which has been misused for preparing the agreement. He has also stated that, he has assigned certain rights pertaining to the films “CITIZEN” and “VILLAN” during the production period to M/s.Roja Exports, the plaintiff in C.S.No.596 of 2019 and M/s.Star Music – the plaintiff in C.S.No.662 of 2019

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respectively, under separate agreement.

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21. Subsequently, M.Mohaideen, Proprietor of M/s.Best

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Audio approached him and entered into an agreement on 02.05.2018

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for audio rights of movies mentioned morefully in the agreement

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dated 02.05.2018 including the movies “CITIZEN” and “VILLAN”. He

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after obtaining No objection from M/s.Roja Exports and M/s.Star Music, sold the copyright of M/s.Sony Music Entertainment.

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M/s.Sony Music Entertainment India Pvt. Ltd., in the counter says

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that S.S.Chakravarthi is producer of only 6 titles out of 17

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titles which are the subject matter of the suit, whereas,

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S.S.Chakravarthi without any compunction, says that, he assigned

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the copyright for the movie CITIZEN to M/s.Roja Exports and the

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movie VILLAN, to M/s.Star Music during the production. Later got their No objection and sold it to Best Audio which in turn sold it to M/s.Think Music and M/s.Think Music inturn sold to M/s.Sony

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https://hcservices.ecourts.gov.in/hcservices/ 14/16

¶130

O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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Music Entertainment India Pvt. Ltd. Whereas, both M/s.Roja Exports and M/s.Star Music, are ascertaining their right over the films “CITIZEN” and “VILLAN” respectively and have filed separate suits. Neither Mr.S.S.Chakravarthi nor M/s.Sony has placed the so called No objections given by M/s.Roja Exports or M/s.Star Music.

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23. In the light of the above contradictory stand taken

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by the original owner S.S.Chakravarthi and K.Mohaideen, this Court finds the plaintiff in C.S.No.207 of 2019, alone holds valid agreement of assignment at earliest point of time for the 17 movies.

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24. The reason for granting exparte injunction interim order by this Court on 22.04.2019 gets strength from the rival pleadings and records. Therefore, it is bound to be confirmed. Accordingly, the order restraining the respondents (M/s.Sony Music Entertainment India Pvt. Ltd., and S.S.Charavarthi) from in any

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manner infringing the Applicant's (S.Khaja Mohideen) copyrights viz., the entire audio copyrights in the sound recordings in the

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films set out in the schedule to the Judges' Summons, in terms of

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the agreement dated 18.02.2004 pending disposal of the suit

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(C.S.No.207 of 2019) is made absolute.

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25. In the result, Vacate Interim Injunction Application

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(A.No.3951 of 2019 in O.A.No.295 of 2019 in C.S.No.207 of 2019) is dismissed.

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https://hcservices.ecourts.gov.in/hcservices/ 15/16

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O.A.Nos.295, 921, 1031 of 2019 & A.No.3951 of 2019 in C.S.No.207 of 2019

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26. So far as O.A.No.921 of 2019 in C.S.No.596 of 2019

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is concerned, even according to the agreement relied by M.Mohaideen, Proprietor of M/s.Best Audio, it is only for outside

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the Indian territory including Sri Lanka. Therefore, this injunction which is made absolute today has no bearing on the right of Mr.M.Mohideen. So far as the other Interlocutory Application (O.A.No.1031 of 2019 in C.S.No.662 of 2019) filed by M/s.Star Music, this Court finds nothing in his favour except a confirmation letter. He has no material evidence to claim copyright in respect of the movie “VILLAN” Hence, both the applications (O.A.No.921 of 2019 in C.S.No.596 of 2019 and O.A.No.1031 of 2019 in C.S.No.662 of 2019) are dismissed.

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Sd./-G.J.J 04.02.2020 //Certified to be true copy//

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Dated at Madras this the day of 2020.

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JJ 13/02/2020 COURT OFFICER(O.S.)

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From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/ 16/16

S.Khaja Mohideen Proprietor v. Sony Music Entertainment India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

S.Khaja Mohideen Proprietor v. Sony Music Entertainment India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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