Dismissed

M.R.Viswanathan @ Visu v. Vendhar Movies Private Limited

Madras HC16 Jun 2021CS/355/2013

Case brief

AI extract

What is this about?

The Madras High Court dismissed a copyright infringement suit filed by a deceased plaintiff. As the legal heirs were not brought on record within the allowed timeframe, the court held the suit abated and dismissed it, leaving the option open for heirs to initiate proceedings later.

What did the court decide?

Suit dismissed as abated; left open to legal heirs of the plaintiff to bring themselves on record as and when they choose.

M.R.Viswanathan @ Visu Vs Vendhar Movies… — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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WEDNESDAY, THE 16TH DAY OF JUNE, 2021

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THE HON'BLE MR. JUSTICE R. SUBRAMANIAN

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C.S. No.355 of 2013

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In the matter of Copyright Act, 1957 and In the matter of underlying literary and dramatic works of the Tamil Cinematograph Film titled 'Thillu Mullu' and the Tamil Cinematograph Film titled 'Thillu mullu - 2'

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M.R. Viswanathan @ Visu aged about 67 years No. A, III Floor, Block 1, Aishwarya Prabanja Nakshatra Premium Apartments, Madha Koil Road Okkiyum Thoraipakkam, Chennai 600 097. ..Plaintiff

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Vs.

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Vendhar Movies Private Limited., Plot No. 155, MGR Street, Saligramam, Chennai - 600 093

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Mr. Badri No. 11/2, Kamarajar Road, Venkatesh Nagar, Virugambakkam Chennai - 600 092

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Mr. Sinu Nagappan, Director, M/s. Vendhar Movies Pvt. Ltd., https://hcservices.ecourts.gov.in/hcservices/ No.5/10, Srinivasa Apartment, Bharathi Nagar, Bharathi Salai

Ramapuram,

Chennai - 600 089

Mr. Balasubramanian Balagurunathan, Director, M/s. Vendhar Movies Pvt. Ltd., 40-5/38-5, Aspiran Garden, 1st Street Kilpauk, Chennai - 600 010

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Gemini Industries and Imaging Ltd. 28, New Bangaru Colony, K.K. Nagar West, Chennai - 600 078 India.

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Kalakendra Movies 3rd Cross Street, East Abhiramapuram CIT Nagar (Near Warren Road) Chennai - 600 004

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..Defendants

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Civil Suit praying that this Hon'ble Court be pleased to pass prays for a judgment and decree before this Honourable Court:

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(a) declaring that the 6th Defendant, M/s. Kalakendra Movies Producer of the said Movie 'Thillu Mullu' and subsequent owners/assignors had no right to transfer the copyright in the underlying literary and dramatic works without limitation including the script and dialogues to any person.

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(b) Granting a permanent injunction restraining the Defendants, their men, servants, agents and any persons claiming under them from infringing the original literary and dramatic work including but not limited to script and dialogues of the said movie 'Thillu Mullu' authored by the Plaintiff by https://hcservices.ecourts.gov.in/hcservices/ incorporation of the whole or any part thereof in the cinematograph film

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titled "Thillu Mullu - 2" or 'Thillu Mullu - II' or any other manner

whatsover.

men, servants, agents any persons claiming under them from, mutilation, modification or other act in relation original the literary and dramatic work including but not limited to script and dialogues of the said movie 'Thillu Mullu' authored by the Plaintiff for use in the cinematographic Film titled "Thillu Mullu - 2" or 'Thillu Millu - II' or any other manner whatsover.

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(d) Directing the 1st Defendant to pay to the Plaintiff the costs of this

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suit.

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This Suit coming on this day before this court for hearing in the presence of Mr. Kaushik N. Sharma, Advocate for the plaintiff herein and upon reading the plaint filed herein and the other exhibits therein referred to and upon perusing the evidence adduced therein and it is stated that the plaintiff has died on 22.03.2020 and the counsel for the deceased plaintiff would seek time to bring the legal heirs on record, the suit has already abated since the legal heirs are not been brought on record within the time allowed under law, it is ordered as follows:-

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That the suit in C.S. No. 355 of 2013, be and is hereby dismissed as abated.

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https://hcservices.ecourts.gov.in/hcservices/

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That it is open to the legal heirs of the plaintiff to seek to bring

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themselves on record as and when they choose to do so.

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That there shall be no costs of this suit.

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WITNESS THE HON'BLE JUSTICE MR. SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16TH DAY OF JUNE, 2021.

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Sd./-

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ASSISTANT REGISTRAR (COMM. CASE)

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//Certified to be true copy// Dated at Madras this the day of 2021.

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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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https://hcservices.ecourts.gov.in/hcservices/

VF-13.07.2021

C.S. No.355 of 2013

ORDER :-

DATED: 16.06.2021

THE HON'BLE MR. JUSTICE

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R. SUBRAMANIAN

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FOR APPROVAL: 26/07/2021

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APPROVED ON: 26/07/2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.06.2021

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.S.No.355 of 2013

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M.R.Viswanathan @ Visu

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...Plaintiff

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.Vs.

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1.Vendhar Movies Private Limited., Plot No.155, MGR Street, Saligramam, Chennai – 600 093.

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2.Badri

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3.Sinu Nagappan

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4.Balasubramanian Balagurunathan

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5.Gemini Industries and Imaging Ltd. 28, New Bangaru Colony, K. K. Nagar West, Chennai – 600 078 India.

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6.Kalakendra Movies

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3^rd Cross Street,

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East Abhiramapuram CIT Nagar (Near Warren Road) Chennai – 600 004.

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... Defendants

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Plaint filed under Order IV Rule 1 of the Original Side Rules, read with Sections 55 and 62 of the Copyright Act, 1957 read with Order VII Rule 1 of the Code of Civil Procedure praying for:

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https://hcservices.ecourts.gov.in/hcservices/ a) A declaration that the 6^th defendant M/s.Kalakendra Movies

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Producer of the said Movie 'Thillu Mullu' and subsequent owners/ assignors had no right to transfer the copyright in the underlying literary and dramatic works without limitation including the script and dialogues to any person.

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b) A permanent injunction restraining the defendants, their men, servants, agents and any persons claiming under them from infrining the original literary and dramatic work including but not limited to script and dialogues of the said movie 'Thillu Mullu' authored by the plaintiff by incorporation of the whole or any part thereof in the cinematograph film titled 'Thillu Mull – 2' or 'Thillu Mull – II' or any other manner whatsoever.

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c) A permanent injunction restraining the defendants, their men, servants, agents any persons claiming under them from. Mutilation, modification or other act in relation original the literary and dramatic work including but not limited to script and dialogues of the said movie 'Thillu Mullu' authored by the plaintiff for use in the cinematographic Film titled 'Thillu Mull – 2' or 'Thillu Mull – II' or any other manner whatsoever.

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d) to direct the 1^st defendant to pay to the plaintiff the costs of this suit.

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For Plaintiff : Mr.Kaushik N Sharma

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J U D G M E N T

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The plaintiff has come up with the above suit seeking

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a) A declaration that the 6^th defendant M/s.Kalakendra Movies

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Producer of the said Movie 'Thillu Mullu' and subsequent owners/ assignors

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https://hcservices.ecourts.gov.in/hcservices/ had no right to transfer the copyright in the underlying literary and dramatic

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works without limitation including the script and dialogues to any person.

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b) A permanent injunction restraining the defendants, their men,

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servants, agents and any persons claiming under them from infrining the original literary and dramatic work including but not limited to script and dialogues of the said movie 'Thillu Mullu' authored by the plaintiff by incorporation of the whole or any part thereof in the cinematograph film titled 'Thillu Mull – 2' or 'Thillu Mull – II' or any other manner whatsoever.

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d) to direct the 1^st defendant to pay to the plaintiff the costs of this suit.

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2. It is stated that the plaintiff has died on 22.03.2020. Despite several adjournments having been granted, steps have not been taken. Even today, the counsel for the deceased plaintiff would seek time to bring the legal heirs on record. The suit has already abated since the legal heirs are not been brought on record with in the time allowed under law.

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https://hcservices.ecourts.gov.in/hcservices/

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3. Hence, the suit is dismissed as abated leaving it open to the legal

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heirs of the plaintiff to seek to bring themselves on record as and when they

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choose to do so. No costs.

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Sd./- R.S.M.J.,

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16.06.2021

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List of the witnesses examined on the side of the plaintiff : :

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PW1 - R.Vishwanathan

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List of Exhibits marked on the side of the plaintiff :

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*Sl.*	*Exhibits*	*Description*	*Dated*
*No.*
1	Ex.P1	Reply received from the 2^nddefendant in response to the E-mail	21.08.2012
2	Ex.P2	Office copy of the legal notice sent by the plaintiff to the defendants	16.04.2013
3	Ex.P3 (series)	Original reply to the legal notice with postal cover received by the plaintiff from the defendant's counsel	29.04.2013
4	Ex.P4	Original Newspaper cutting showing that the movie titled 'Thillumull-2' is proposed to be released on 14^thJune 2013	24.05.2013

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List of the witnesses examined on the side of the defendants: Nil

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List of Exhibits marked on the side of the defendants: Nil

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Sd./- R.S.M.J.,

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16.06.2021

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// Certified to be true copy// Dated at Madras this day of 2021.

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Court Officer(O.S.)

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From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

M.R.Viswanathan @ Visu v. Vendhar Movies Private Limited

Case brief

What is this about?

What did the court decide?

M.R.Viswanathan @ Visu v. Vendhar Movies Private Limited

Case brief

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