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C.S.No.213 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2021
CORAM:
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.213 of 2005
Mr.K.P.Ravichandran
Proprietor, Movie Land
Vijayalakshmi Complex
Third Floor, No.59 & 60,
Singanna Chetty Street
Chintadripet
Chennai 600 002. ... Plaintiff
..Vs..
1.Modern Cinema rep by its
Partner Mr.S.Jeganathan
No.51/23, Pandia Vellalar Street
Madurai 1.
2.Messrs Gemini Colour Laboratory
No.2 Vembuliamman Koil Street
Virugambakkam, Chennai 600 092.
3.M/s.Vijaya Colour Laboratory
No.9 A, Kumaran Colony Main Road
Vadapalani, Chennai 600 026.
4.M/s.Prasad Film Laboratories
No.58, Arunachalam Road
Saligramam, Chennai 600 093.
C.S.No.213 of 2005
5.Mr.R.V.Mani Proprietor, O.K.Films No.826, Anna Salai, Airlines Buildings Chennai 600 002.
... Defendants
PRAYER : Plaint filed under and Order VII Rule 1 CPC and Order IV
Rule 1 of the Original Side Rules read with Sections 55 and 62 of the Indian
Copyright Act, 1957, prayed for a Judgment and Decree:-
(a) For a declaration that the plaintiff is the absolute owner of the
limited copyrights viz., Indian VCD rights in the films described in Schedule to the Plaint for a perpetual period from 27.11.2002;
(b) For a permanent injunction restraining the defendants, their
men, agents, servants or assigns from in any manner infringing the limited copyrights viz., Indian VCD rights in the films described in Schedule to the
Plaint for a perpetual period from 27.11.2002;
(c) For costs of the suit.
For Plaintiff : No Appearance
C.S.No.213 of 2005
For Defendants : M/s.R.Satish Kumar for D1 D2, D3 No Appearance
J U D G M E N T
A memo had been filed by the learned counsel for the plaintiff.
The relevant portion of the memo is as follows:
"The suit was listed before this Hon'ble Commercial Division on 11.03.2021 and the Plaintiff was directed to file an Affidavit as to whether any cause of action survives in the present suit. In this regard, the Counsel is unable to contact or seek instructions from the Plaintiff to proceed further in the above mentioned matter. In the absence of any instructions from the Plaintiff, the Counsel for the Plaintiff files this Memo reportins "NO INSTRUCTIONS".
It is therefore prayed that, this Hon'ble Court
may be pleased to take on record this Memo reporting "No Instructions" on behalf of the Plaintiff and pass such
C.V.KARTHIKEYAN, J
C.S.No.213 of 2005
rna
further orders as may be deemed fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this the 22nd day of March
2021.
sd/---,
Counsel for Plaintiff."
2. In view of the said memo suit is dismissed for non -
prosecution. No order as to costs. The memo dated 22.03.2021 shall form
part of the decree.
25.03.2021
Index : Yes / No
Web : Yes / No
rna
C.S.No.213 of 2005
K.P. Ravichandran
Modern Cinema
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
