In this civil suit for copyright infringement regarding the film "VAALU", the plaintiff sought a permanent injunction restraining the defendant. The plaintiff's counsel informed the court they had been instructed to withdraw the suit. The court recorded this statement and dismissed the suit.
Suit dismissed as withdrawn with no costs.
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)
WEDNESDAY, THE 04TH DAY OF AUGUST 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.390 of 2015
Mr. Mukesh Jain, Proprietor of Shiv Sakthi Entertainment, No. 298, 4th Floor, Fountain Plaza Complex, Pantheon Road, Egmore, Chennai – 600 006. ... Plaintiff
-Versus-
Mr. S. S. Chakravarthy, Proprietor of NIC ARTS, No. 1, Senthil Andavar Street, Dhanalakshmi Colony, Vadapalani, Chennai – 600 026. ... Defendant
C.S.No. 390 of 2015
Civil Suit praying that this Hon'ble Court be pleased to pass a
judgment and decree:-
a) Granting a permanent injunction restraining the defendant, its servants or agents or anyone claiming through or under them from in any manner infringing the plaintiff's Copyright over the theatrical distribution, exhibition and exploitation of the Tamil Feature film "VAALU" featuring Simbu, Hansika, Santhanam and others, music
https://hcservices.ecourts.gov.in/hcservices/ composed by Mr.S.S. Thaman directed by Mr.Vijay Chander, from
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releasing, exhibiting and/or exploiting any manner the said film in any theatre in the territory of Chennai City and Chengalpet as known in the film trade; and
b) Directing the defendant to pay to the plaintiff the cost of the suit.
This suit coming on this day before this court for hearing in the presence of Mr.S.Diwakar, Advocate for the Plaintiff herein and Mr.P.Giridhar for Rugan & Arya, Advocates for the defendant herein and upon reading the plaint filed herein and the learned counsel for the plaintiff submitting that he has been instructed to withdraw the suit, and this court doth recording the said statement, it is ordered as follow:-
That the suit in C.S.No. 390 of 2015, be and is hereby dismissed
as withdrawn
WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE,
CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE 04TH DAY OF AUGUST 2021
Sd/ASSISTANT REGISTRAR (Comm.Cases)
//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.
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NS 31.08.2021
C.S.No. 390 of 2015
ORDER
DATED 04/08/2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 09/09/2021
APPROVED ON:03/09/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.390 of 2015
Mr.Mukesh Jain, Proprietor of Shiv Sakthi Entertainment, No.298, 4th Floor, Fountain Plaza Complex, Pantheon Road, Egmore, Chennai – 600 006.
...Plaintiff
Vs.
Mr.S.S.Chakravarthy, Proprietor of NIC ARTS, No.1, Senthil Andavar Street, Dhanalakshmi Colony, Vadapalani, Chennai – 600 026. ...Defendant
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., r/w. Order IV Rule 1of the Original Side rules and Sections 55 & 62 of the Copyright Act, 1957, seeking to grant a permanent injunction restraining the defendant, its servants or agents or anyone claiming through or under them from in any manner infringing the plaintiff's copyright over the theatrical distribution, exhibition and exploitation of the Tamil feature film “VAALU” featuring Simbu, Hansika, Santhanam and others, music composed by Mr.S.S.Thaman directed by Mr.S.S.Thaman directed by Mr.Vijay Chander, from releasing, exhibiting and / or exploiting any manner the said film in any theatre in the territory of Chennai City and Chengalpet as known in the film trade and for costs of the suit.
For Plaintiff : Mr.S.Diwakar For Defendant : Mr.P.Giridhar for
Mr.S.Diwakar, learned counsel appearing for the plaintiff would
submit that he has been instructed to withdraw the suit.
2.The said statement is recorded and this suit is dismissed as withdrawn. No costs.
Sd/- R.S.M.J. 04/08/2021
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
Sd/- R.S.M.J. 04/08/2021
//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 the plaintiff's suit seeking a permanent injunction for copyright infringement should be allowed.
2 provisions across 1 enactments
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
