Suit filed for copyright declaration and injunction over Tamil dubbing rights. Court dismissed the suit for non-prosecution as plaintiff failed to file required affidavit regarding cause of action.
Suit dismissed for non-prosecution with no order as to costs.
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C.S.No.289 of 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.289 of 2002
Varghese Kurian
Proprietor
Appus International Rep by
Power of Attorney Agent
Captain Raju. ... Plaintiff
..Vs..
1.Ajmal Hassan, Proprietor
Arifa Combines.
2.Golden Cine Creations
3.Gemini Industries and Imaging Ltd
Owning Gemini Colour Laboratory. ... Defendants
PRAYER : Plaint filed under and Order IV Rule 1 of the O.S.Rules read
with Order VII Rule 1 of C.P.C Rules and Sections 55 and 62 of the Copyright Act, 1957, prayed for a Judgment and Decree:-
(a) For a declaration that the plaintiff is the absolute owner of the
limited copyright namely the tamil dubbing rights of the Malayalam picture
C.S.No.289 of 2002
Itha Oru Snehagatha starring Thilagan, Nedumudi Venu, etc. and directed by Captain Raju now titled as THRILL;
(b) For a permanent injunction restraining the defendants, their
men, agents, servants or any other acting on their behalf or authorized by them from infringing the plaintiff's limited copyright namely the tamil dubbing rights of the Malayalam Picture Itha Oru Snehagatha now titled as THRILL by producing or releasing the said picture;
(c) for cost of the suit.
For Plaintiff : M/s.C.Ramesh
*******
J U D G M E N T
Suit had been filed under Sections 55 and 62 of the Copyrights
Act by the plaintiff seeking a declaration that the plaintiff is the absolute
owner of the limited copyright namely the Tamil dubbing rights of the Malayalam Picture 'Itha Oru Snehagatha' now titled as THRILL and for a
C.S.No.289 of 2002
permanent injunction restraining the defendants from infringing the limited copyright of the plaintiff.
of Intellectual Property right, the Commercial Division of this Court has jurisdiction to examine the issues raised under Section 2(1)(c)(xvii) of the
Commercial Courts Act, 2015.
year 2002 and is pending without any actual progress being made or any relief granted to the plaintiff. Plaintiff was directed to file an affidavit as to whether the cause of action still survives. It is obvious that the plaintiff is not interested to prosecute the suit, since no such affidavit has been filed.
04.03.2021
Index : Yes / No Web : Yes / No rna
C.S.No.289 of 2002
C.V.KARTHIKEYAN, J
rna
C.S.No.289 of 2002
04.03.2021
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
