A civil suit for copyright infringement filed by G.V. Films Limited against Gemini Industries and Asian Capital. On the day of hearing, no counsel appeared for either the plaintiff or the defendants. The court dismissed the suit for non-prosecution and ordered no costs.
Suit dismissed for non-prosecution. No costs awarded.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 29TH DAY OF JUNE 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.218 of 2001
In the matter of Copy Right Act 1957 and In the matter of the Cinematograph film Amman Koil Kizhakkale and 34 other fims listed in the schedule 'A' to this Plaint.
G.V. Films Limited Rep. by its Managing Director, Mr. G. Venkateswaran Registered office at Sujatha Centre, No.4, Seshadri Road, Alwarpet, Chennai 600 018.
... Plaintiff
-Versus-
... Defendant
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C.S.No. 218 of 2001
Civil Suit praying that this Hon'ble Court be pleased to grant a Judgement and Decree on the following terms:
This suit coming on this day before this court for hearing and the plaintiff and the defendants herein, not appearing in person or by advocate and upon reading the pleadings filed herein, it is ordered as follows:-
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WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE,
CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 29TH DAY OF JUNE 2021
Sd/ASSISTANT REGISTRAR (Comm.Cases)
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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NS 12.08.2021
C.S.No. 218 of 2001
ORDER
DATED 29/06/2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 09/09/2021
APPROVED ON:13/09/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.218 of 2001
G.V.Films Limited rep. By its Managing Director, Mr.G.Venkateswaran
...Plaintiff
Vs.
2.Asian Capital Consolidates & Holdings P.Ltd., ...Defendants
Prayer: Plaint filed under Sections 55 & 62 of the Copy Right Act, 1957 r/w. Order IV Rule 1 of the Original Side rules r/w. Order VII Rule 1 of C.P.C., praying as follows:-
a) granting a mandatory injunction directing the first defenant to permit the plaintiff or their authorized representative to remove from the custody of the first defendant the negatives (both picture and sound) of all the 35 cinematograph films listed in schedule 'A' of this plaint;
b) granting permanent injunction restraining the defendants 1 and 2, their agents, servants and all those who claim under or through them from casting cloud on or interfering with in any manner the exercise of the plaintiff's copyright in and over the 35 cinematograph films listed in schedule 'A' of this plaint;
c) directing the defendants 1 and 2 to pay to the plaintiff the costs https://hcservices.ecourts.gov.in/hcservices/ of this suit;
d) grant such further or other orders as this Hon'ble Court may
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deem fit and proper under the facts and circumstances of the case and thus render justice.
For Plaintiff : No Appearance For Defendants : No Appearance
J U D G M E N T
The suit is one for infringement of a copyright, which falls within
the meaning of the term 'commercial dispute' as defined under Section 2 (1)(c)(xvii) of the Commercial Courts Act, 2015. The jurisdiction is therefore, determined and the Commercial Division takes cognizance of the suit.
2.On 22.06.2021, Mr.R.Murugan, learned counsel for the plaintiff
had reported that the plaintiff had taken back the papers along with the consent for change of Vakalat. Registry was directed to verify as to whether any new counsel had entered appearance. It is now reported that no new counsel had entered appearance. The name of the plaintiff is printed in the cause list. Despite the same, there is no representation for the plaintiff.
3.Hence, the suit is dismissed for non-prosecution. No costs.
Sd/- R.S.M.J. 29/06/2021
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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
Sd/- R.S.M.J. 29/06/2021 //Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
3 issues framed by the court
Whether the suit for copyright infringement should be allowed given the absence of counsel for both parties.
Whether the suit proceeds for hearing when there is no representation by the plaintiff or the defendants.
How to dispose of a civil suit filed under the Copyright Act when there is no appearance by any party.
4 provisions across 3 enactments
Gemini Industries and Imaging Ltd.
Asian Capital Consolidated & Holdings P.Ltd.
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
