The High Court at Madras dismissed a copyright suit filed by M/s. O.K. Films against several cable operators and broadcasters. The court held that the suit abated because the proprietor of the plaintiff firm had died and nothing survived to pursue the claim.
Suit dismissed as abated. 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.54 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.54 of 2006
M/s.O.K.Films
Represented by its Proprietor
Mr.Mani
Airlines Buildings,
829, Anna Salai,
Chennai – 600 002. ...Plaintiff
.Vs.
1.M/s.Aditya Cable Views
Represented by its Proprietor
Mr.P.T.Jayaraman
213, Tower View Lodging Complex
Tower Junction
Nagercoil.
2.M/s.Motherland Enterprises
Rep. by Proprietor
Mr.Ali
Hotel Thanamani Lodge
Near Kudal Alankar Perumal Temple
Madurai – 1
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C.S.No.54 of 2006
3.M/s.Run Enterprises Rep. by Partner Mr.Moorthy S/11, II Floor, New Bus Stand Salem 9
4.Solar Entertainments Rep. 5/12 B, D 2nd Anna Street Angammal Colony Salem 9
5.M/s.Win Mediyas
Rep. by its Managing Partner R.Balu 7-B, Angammal Colony, T V S Busstop Salem 9
6.M/s.City Television Network
Rep. by its No.230-231 PTR Complex Opp. Municipal Office, Mount Road Coonoor 643 162.
7.M/s.Madura Cable Net Perumal Koil Street Thiruvatchur & Post Perambalur District ... Defendants
Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure and Sections 55 and 62 of the Copy Rights Act, 1957 praying for a decree and judgment :
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C.S.No.54 of 2006
a) for a declaration declaring that the plaintiff is the sole copyright holder including the transport buses rights and cable TV rights for the area of entire Tamil Nadu State in respect of the 276 films more fully described in the schedule to the plaint. Consequently declare that the Letter of arrangement dated 25.02.2005 is null and void.
b) for a permanent injunction restraining the defendants, their men, agent, servant etc., in any manner infringing the copy right of the plaintiff by telecasting in respect of the 276 films in transport buses, or through cable TV for the entire area of Tamil Nadu.
c) to direct the defendants to pay jointly and severally to the plaintiff the sum of Rs.10,01,000/- towards compensation for infringement of the copy right own by the plaintiff in respect of the said 276 films more fully described in the schedule to the plaint and
d) for costs of the suit.
For Plaintiff : Mr.Thiageswaran for M/s.Waraon & Sairams For Defendants : D1, D2 to D5 – unserved D6 and D7 – No appearance
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C.S.No.54 of 2006
J U D G M E N T
The suit has been filed by the plaintiff seeking
a) for a declaration declaring that the plaintiff is the sole copyright
holder including the transport buses rights and cable TV rights for the area of entire Tamil Nadu State in respect of the 276 films more fully described in the schedule to the plaint. Consequently declare that the
Letter of arrangement dated 25.02.2005 is null and void.
b) for a permanent injunction restraining the defendants, their men,
agent, servant etc., in any manner infringing the copy right of the
plaintiff by telecasting in respect of the 276 films in transport buses, or
through cable TV for the entire area of Tamil Nadu.
c) to direct the defendants to pay jointly and severally to the
plaintiff the sum of Rs.10,01,000/- towards compensation for infringement of the copy right own by the plaintiff in respect of the said
276 films more fully described in the schedule to the plaint and
d) for costs of the suit.
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C.S.No.54 of 2006
2. Mr.Thiageswaran, learned counsel appearing for the plaintiff
would submit that the Proprietor of the plaintiff is no more and nothing
survives in the suit.
List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil
28.06.2021
dsa
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C.S.No.54 of 2006
R.SUBRAMANIAN, J.
dsa
C.S.No.54 of 2006
28.06.2021
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1 issue framed by the court
Whether the suit abates due to the death of the proprietor of the plaintiff company.
3 provisions across 3 enactments
M/s. O.K. Films (Prop. Mr. Mani)
M/s. Aditya Cable Views (Prop. Mr. P.T. Jayaraman)
M/s. Motherland Enterprises (Prop. Mr. Ali)
M/s. Run Enterprises (Partner Mr. Moorthy)
Solar Entertainments
M/s. Win Mediyas (Managing Partner R. Balu)
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
