The plaintiff sought injunction and damages for alleged copyright infringement of a film's telecast rights. The court dismissed the suit as withdrawn upon the plaintiff's counsel submitting instructions to withdraw, without awarding costs.
Suit dismissed as withdrawn; no costs awarded.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 06th DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.245 of 2000
Asianet Communications (P) Ltd. Represented by its DGM (Finance) Srinivasa Raghavan
...Plaintiff
.Vs.
1.Surya T.V.
A Unit of Sumangali Publications (P) Ltd.,
Represented by its Managing Director Kalanidhi Maran
2.Vachimo Films, A Film producing Concern, Represented by Somasekaran Nair, No.16, Royal Villa, Kottur Garden,
... Defendants
Civil Suit praying that this Hon'ble Court may be pleased to pass a judgement and Decree:
a) For a permanent injunction restraining the defendants, their
agents, men, representative, agents, assigns and anyone whosoever claiming
through the defendants from in any manner infringing the plaintiff's
https://hcservices.ecourts.gov.in/hcservices/ copyright in respect of the exclusive Satellite Television Telecast rights of
2
the Malayalam Feature Film “ITHU MANJUKALAM” directed by Sri THULASIDAS and enacted by Suresh Gopi, Manoj K.Jayan, Urvasi, etc., in whole or a reproduction of any part thereof, by exploitation for public or private viewing by broadcasting on the first defendant's channel or on any other channel by satellite telecast;
b) Directing the first defendant to pay to the plaintiff damages amounting to a sum of Rs.3,00,00/- (Rupees Three Lakhs Only) along with interest at 12 percent per annum from date of plaint till date of realisation and
c) For costs of the suit.
This Civil Suit coming on this day before this court for hearing in
the presence of Mr.Perumbulavil Radhakrishnan, Advocate for the plaintiff herein and Mr.Y.Anil Kumar, Advocate for the 1st defendant herein, and upon reading the plaint filed herein and the learned counsel appearing for the plaintiff having submitted that he has got instructions to withdraw the suit and this Court doth recording the same,
it is ordered as follows :-
That the Suit in C.S.No.245 of 2000 be and is hereby dismissed https://hcservices.ecourts.gov.in/hcservices/ as withdrawn.
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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 06th DAY OF JULY 2021.
Sd./-
ASSISTANT REGISTRAR (O.S-I) //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.
4
ky
09.08.2021
C.S.No.245 of 2000
ORDER
DATED : 06.07.2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 04.10.2021
APPROVED ON: 07.10.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.245 of 2000
Asianet Communications (P) Ltd. Represented by its DGM (Finance) Srinivasa Raghavan
...Plaintiff
.Vs.
1.Surya T.V. A Unit of Sumangali Publications (P) Ltd., Represented by its Managing Director Kalanidhi Maran
2.Vachimo Films, A Film producing Concern, Represented by Somasekaran Nair, No.16, Royal Villa, Kottur Garden, 4th Main Road, Madras – 60o 085. ... Defendants
Plaint filed under Sections 55 and 62 of Copyright Act, 1957 read with Order IV Rule 1 of the Original Side Rules praying for a judgment and decree :
a) For a permanent injunction restraining the defendants, their agents, men, representative, agents, assigns and anyone whosoever claiming through the defendants from in any manner infringing the plaintiff's https://hcservices.ecourts.gov.in/hcservices/ copyright in respect of the exclusive Satellite Television Telecast rights of
the Malayalam Feature Film “ITHU MANJUKALAM” directed by Sri
6
THULASIDAS and enacted by Suresh Gopi, Manoj K.Jayan, Urvasi, etc., in whole or a reproduction of any part thereof, by exploitation for public or private viewing by broadcasting on the first defendant's channel or on any other channel by satellite telecast;
b) Directing the first defendant to pay to the plaintiff damages amounting to a sum of Rs.3,00,00/- (Rupees Three Lakhs Only) along with interest at 12 percent per annum from date of plaint till date of realisation and
c) For costs of the suit.
For Plaintiff : Mr.Perumbulavil Radhakrishnan For Defendants : Mr.Y.Anil Kumar for D1
J U D G M E N T
The suit has been filed by the plaintiff seeking
a) For a permanent injunction restraining the defendants, their agents, men, representative, agents, assigns and anyone whosoever claiming through the defendants from in any manner infringing the plaintiff's copyright in respect of the exclusive Satellite Television Telecast rights of
the Malayalam Feature Film “ITHU MANJUKALAM” directed by Sri THULASIDAS and enacted by Suresh Gopi, Manoj K.Jayan, Urvasi, etc., in
https://hcservices.ecourts.gov.in/hcservices/ whole or a reproduction of any part thereof, by exploitation for public or
7
private viewing by broadcasting on the first defendant's channel or on any
other channel by satellite telecast;
b) For a direction to the first defendant to pay to the plaintiff damages amounting to a sum of Rs.3,00,00/- (Rupees Three Lakhs Only) along with interest at 12 percent per annum from date of plaint till date of
realisation and
c) For costs of the suit.
2. Mr.Perumbulavil Radhakrishnan, learned counsel appearing for
the plaintiff would submit that he has got instructions to withdraw the suit.
3. The statement of the counsel is recorded and the suit is dismissed as withdrawn. No costs.
Sd./-R.S.M.J 06.07.2021
List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
Sd./-R.S.M.J 06.07.2021
//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.
1 issue framed by the court
Whether a suit for copyright infringement damages and perpetual injunction should be allowed when the plaintiff admits the suit is withdrawn.
1 provisions across 1 enactments
Surya T.V. A Unit of Sumangali Publications (P) Ltd.
Vachimo Films
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
