Plaintiff filed a civil suit for injunction against copyright infringement regarding the film 'DHAMMU'. During hearing, plaintiff's counsel informed the court of instructions to withdraw the suit. The court recorded the withdrawal and dismissed the suit.
Suit dismissed as withdrawn by the plaintiff. 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.
C.S.No.294 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.294 of 2012
Creative Commercials,
Media & Entertainment Ltd.,
22/9, Parthasarathy Puram,
North Usman Road, T.Nagar,
Chennai – 600 017. ...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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11.TATA Communications Ltd., VSB, Mahatma Gandhi Road, Fort, Mumbai – 400 001. (amended as per Order dated 30.10.2012 in in A.No.2986 of 2012 & delay extended vide order 04.12.2012 in A.No.5211 of 2012)
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12.O-Zone Networks Private Limited, Ground Floor, C-45, Green Park, New Delhi – 110 016.
14.BG Broadband India Private Limited, Plot No.54, Marol Industrial Cooperative Area, Off. Andheri Kurla Road, Andheri (East), Mumbai – 400059. 15.Sify Technologies Limited, 2nd Floor, 'TIDEL PARK', No.4, Canal Bank Road, Chennai – 600 113.
16.Beam Cable System (P) Ltd., B-2-610/A, Road No.10, Banjara Hills, Hyderabad – 500034.
2nd and 3rd Floor, IQARA Centre, Near Gujarat Gas Circle, Adajan – Hazaria Road, Surat – 395009. 18.Asianet Satellite Communications, 2A, II Floor, Leela Infopark, Technopark Limited, Kazhakkoottam, Thiruvananthapuram, Kerela – 695581. 19.Data Infosys Limited, Station Road, Durgapura, Jaipur – 302018.
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20.Readylink Internet Services Limited, Galaxy, Plot No. 7, Sakhthi Colony, RK Puram, Ganapathy, Coimbatore – 641006.
21.ISP Solutions India Private Limited, No.9, 3rd Floor, Prabhakar Apartment, Dr.Munusamy Garden Street, Avinashi Road, Coimbatore – 641 018.
22.Southern Online Bio Technologies Limited, Flat No.A3, 3rd Floor, Office Block, Samrat Complex, Saifabad, Hyderabad – 500004.
23.Nettlinx Limited, 5-9-22, 3rd Floor, My Home Sarovar Plaza, Secretariat Road, Saifabad, Hyderabad – 500004.
24.City Online Services Limited,
25.Pioneer eLabs Limited, Pioneer Towers, 7th Floor, Plot No.16, Survey No.64, Software Unit Layout, APIIk, i-Tech City, Madhapur, Hyderabad – 500080.
26.Amber Online Services Limited, 303, Crescent Towers, Masab Tank, Hyderabad – 500028.
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35.VIVA Communications Private Limited, 11A, East Abhiramapuram, 1st Street, Mylapore, Chennai – 600 004.
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39.Ashok Kumar
40.Ashok Kumar
41.Ashok Kumar
42.Ashok Kumar
43.Ashok Kumar
44.Ashok Kumar
45.Ashok Kumar ...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:-
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 “DHAMMU” by
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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 “DHAMMU” 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 “DHAMMU” 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 “DHAMMU” unauthorisedly copied, communicated or made available 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.
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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 Mr.Anand Abdul Vinod Ms.Simran Srinivasan forMr.R.Parthasarathy for D3, D6 & D7 Mr.Ramprakash Rajagopal for D28 Ms.Samyuktha for Mr.Shivakumar Suresh Mrs.Narmadha Sampath for D9 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. 2.Recording the said statement, this suit is dismissed as withdrawn. No costs. Consequently, connected applicatons, if any, are closed.
11.08.2021
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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
C.S.No.294 of 2012
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4 provisions across 2 enactments
Bharath Sanchar Nigam Limited
Mahanagar Telephone Nigam Limited
Bharti Airtel Limited
Aircel Cellular Limited
Hathway Cable & Datacom Limited
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
