The High Court of Madras dismissed a copyright infringement suit filed in 2001 after observing that the plaintiff could not be contacted, the defendants remained unserved, and no useful purpose would be served in keeping the suit pending.
The suit was dismissed under Rule 3(a) of Order XIII A of the CPC; 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)
THURSDAY, THE 24th DAY OF JUNE 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.356 of 2001
M.K.Hari Shankar No.37, State Bank Colony, Second Street, Virugambakkam, Chennai – 92.
...Plaintiff
.Vs.
1.B.M.B.Productions Building No.13, Flat No.301, MADHA Housing Society, Jogeswari West, Opp. Oshivara Police Station, Mumbai – 400 053.
3.Ramnord Laboratories Plot No.2, Prabhat Nagar, Patel Estate Road, Jogeshwari West, Mumbai – 400 102.
(*) 4. Sethu Rajeshwaran C/o Dr.Malayaman No.3, Majestic Park, Arcot Road,Virugambakkam, https://hcservices.ecourts.gov.in/hcservices/ Chennai – 92.
... Defendants
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(*) D-4 impleaded as per order dated 29.09.03 in A.No. 2278/02)
Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree:-
a) Permanent Injunction restraining the defendants 1 and 2, their men, agents and servants from infringing the plaintiff's copyright in the Tamil feature film “Thotta Chinungi” including its story, script and screen play in so far as it relates to the remake rights in Hindi language by releasing the Hindi feature film “HUM TUMARE HAI SANAM” starring Sharukh Khan, Salman Khan, Maduri Dixit, Aiyswarya Rai etc. produced by the first defendant and directed by the second defendant and
b) direct the defendants to pay costs of the suit.
This Civil suit coming on this day before this court for hearing in the presence of Mr.A.Umasankar, Advocate for the Plaintiff herein and the defendants herein not appearing in person or by advocate and upon reading the plaint filed herein, and the learned counsel for the plaintiff having submitted that he is unable to contact the plaintiff, the letters sent by his Office have been returned as not claimed, and this court having observed that the suit itself is of the year 2001 and the counsel on either side are unable to get instructions from the parties, in fact, the defendants 1 and 2
https://hcservices.ecourts.gov.in/hcservices/ remain unserved and no useful purpose will be served in keeping the suit
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pending. it is ordered as follows:-
That the Suit in C.S.No. 356 of 2001, be and is hereby dismissed
under Rule 3(a) of Order XIII A of the Code of Civil Procedure as amended
by the Commercial Courts Act, 2015.
action if there is any violation in future.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24th 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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SK-07.07.2021
27.08.2021
C.S.No.356 of 2001
ORDER :- DATED:24.06.2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
FOR APPROVAL:15.09.2021
APPROVED ON: 16.09.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.356 of 2001
M.K.Hari Shankar
...Plaintiff
.Vs.
1.B.M.B.Productions
[D4 impleaded as per order dated 29.09.2013 in A.No.2278 of 2002]
... Defendants
Plaint filed under Section 55 and 62 of the Indian Copyright Act, 1957 read with Order IV Rule 1 of the High Court Original Side Rules praying for :
a) Permanent Injunction restraining the defendants 1 and 2, their men, https://hcservices.ecourts.gov.in/hcservices/ agents and servants from infringing the plaintiff's copyright in the Tamil
feature film “Thotta Chinungi” including its story, script and screen play in
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so far as it relates to the remake rights in Hindi language by releasing the Hindi feature film “HUM TUMARE HAI SANAM” starring Sharukh Khan, Salman Khan, Maduri Dixit, Aiyswarya Rai etc. produced by the first defendant and directed by the second defendant and
b) direct the defendants to pay costs of the suit.
For Plaintiff : Mr.A.Umasankar For Defendants : No appearance
J U D G M E N T
The suit has been filed by the plaintiff seeking
a) Permanent Injunction restraining the defendants 1 and 2, their men,
agents and servants from infringing the plaintiff's copyright in the Tamil feature film “Thotta Chinungi” including its story, script and screen play in so far as it relates to the remake rights in Hindi language by releasing the Hindi feature film “HUM TUMARE HAI SANAM” starring Sharukh Khan, Salman Khan, Maduri Dixit, Aiyswarya Rai etc. produced by the first defendant and directed by the second defendant and
b) direct the defendants to pay costs of the suit.
2. Mr.Umashankar, learned counsel appearing for the plaintiff would
submit that he is unable to contact the plaintiff. The letters sent by his
Office have been returned as not claimed.
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3. The suit relates to a tamil feature film “Thotta Chinungi” and its remake in Hindi with title “HUM TUMARE HAI SANAM”. The suit itself is of the year 2001 and the counsel on either side are unable to get instructions from the parties. In fact, the defendants 1 and 2 remain unserved. No useful purpose will be served in keeping the suit pending.
4. Hence, the suit is dismissed under Rule 3(a) of Order XIII A of the Code of Civil Procedure as amended by the Commercial Courts Act, 2015, reserving liberty to the plaintiff to take appropriate action if there is any violation in future. No costs.
Sd./-(R.S.M.J.,)
24.06.2021
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.,) 24.06.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ 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 to keep a suit pending when parties cannot be contacted and defendants remain unserved.
3 provisions across 3 enactments
B.M.B. Productions
K.S. Adiyaman
Ramnord Laboratories
Sethu Rajeshwaran
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
