Suit for permanent injunction regarding copyright infringement in cinematograph film '3' was withdrawn by plaintiff counsel; suit dismissed.
Suit dismissed as withdrawn. No costs. Connected applications, if any, are 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. 208 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No 208 of 2012
M/s.R.K.Productions Private Limited,
16/5, Rajamannar Street, T.Nagar,
Chennai – 600017. ...Plaintiff
Vs.
1.Bharath Sanchar Nigam Limited,
Bharat Sanchar Bhavan,
Harish Chandra Mathur Lane,
Janpath, New Delhi – 110 001.
2.Mahanagar Telephone Nigam Limited,
Jeevan Bharti Tower – I,
124 Connaught Circus,
New Delhi – 110 001.
3.Bharti Airtel Limited,
Bharti Crescent,
1, Nelson Mandela Road,
Vasanth Kunj, Phase II,
New Delhi – 110 070.
4.Aircel Cellular Limited,
5 th Floor, Spencer Plaza,
769, Anna Salai,
Chennai – 600 002.
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14.BG Broadband India Private Limited, Plot No.54, Marol Industrial Cooperative Area, Off. Andheri Kurla Road, Andheri (East), Mumbai – 400059.
16.Ashok Kumar 17.Ashok Kumar 18.Ashok Kumar 19.Ashok Kumar 20.Ashok Kumar
21.M/s.Connect Films Media Pvt. Ltd., Having its Corporate Office at No.54, 6th Floor, Rockline Centre, Richmond Road, Bangalore - 560 025. (21st defendant impleaded vide order dated 30.10.2012 in A.No.2454 of 2012 & delay in amending plaint extended vide order dated 04.12.2012 in A.No.5212 of 2012) ...Defendants
Prayer: Plaint filed under Order VII Rule I of C.P.C., 1908 and Order IV Rule 1 of the Original Side rules, 1956 r/w. Sections 51, 55 and 62 of the Copyright Act, 1957, praying as follows:-
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a) a permanent injunction restraining the defendants and other unknown persons by themselves, their partners / proprietor, heirs, representatives, successors in business, assigns, distributors, agents or any one claiming through them from in any manner infringing the plaintiff's copyright in the cinematograph film / motion picture “3” by copying, recording, reproducing or allowing camcording or communicating or allowing others to communicate or making available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or playing and / or in any manner communicating the plaintiff's movie “3” in any manner without a proper license from the plaintiff or in any other manner which would violate / infringe the plaintiff's copyright in the said cinematograph film “3” through different mediums including CD, DVD, Blu-ray disc, cable TV, Direct to home services, internet services, multimedia messaging services, pen drives, hard drives, tapes, conditional access systems or in any other like manner whatsoever;
b) a direction be issued against the defendants, allowing appropriate authorities to block all unauthorised websites / web pages including the schedule mentioned websites / web pages by way of data source network (DSN) blocking and / or data packet interruption (DPI) based universal resource location (URL) blocking and / or internet protocol (IP) address blocking through routes thereby blocking all or any of the contents that relate to plaintiff's copyright protected cinematograph film / motion picture “3” unauthorisedly copied, communicated or made available
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or displayed or released or showed or uploaded or downloaded or exhibited or played and / or in any manner communicated in and / or through their respective websites / webpages of the defendants;
c) for costs of the suit.
For Plaintiff : Ms.Chandini Pradeepkumar for
Mr.A.A.Mohan
For Defendants : Mr.K.R.Rameshkumar for D5
Mr.Y.N.Venkataraj for D4
Mrs.K.Parameswari for D1
Mr.Abdul Saleem for D8
Ms.Simran Srinivasan forMr.R.Parthasarathy
for D3, D6 & D7
Mr.Ramprakash Rajagopal for D28
Ms.Samyuktha for Mr.Shivakumar Suresh
for D10
Mrs.Narmadha Sampath for D9
D2, D11, D13, D14 & D15 – No appearance
J U D G M E N T Ms.Chandini Pradeepkumar, learned counsel appearing for the
plaintiff would submit that she has got instructions to withdraw the suit.
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2.Recording the said statement, this suit is dismissed as
withdrawn. No costs. Consequently, connected applicatons, if any, are
closed.
11.08.2021
kkn
Internet:Yes
Index:Yes/No
Speaking/Non-speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
11.08.2021
kkn
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R.SUBRAMANIAN, J.
KKN
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3 provisions across 3 enactments
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
