Dismissed

Mr. Sanjay Kumar Lalwani v. M/s. Nic Arts

Madras HC13 Jul 2021CS/575/2015

Case brief

AI extract

What is this about?

The Commercial Division of the Madras High Court held that the suit for permanent injunction regarding movie distribution rights is a commercial dispute under the Commercial Courts Act, 2015. However, the suit was dismissed for want of sufficient cause as there was no prayer for damages and the subject matter had already been released to the public.

What did the court decide?

The suit was dismissed under Rule 3(a) of Order XIII A of the Code of Civil Procedure under Commercial Courts Act, 2015. There shall be no costs.

Mr. Sanjay Kumar Lalwani Vs M/s. Nic Arts — Intellectual Property | Madras HC (2021)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

(ORDINARY ORIGINAL CIVIL JURISDICTION)

¶4

TUESDAY, THE 13TH DAY OF JULY 2021

¶5

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

¶6

C.S.No.575 of 2015

¶7

C.S.No.575 of 2015:-

¶8

Mr.Sanjay Kumar Lalwani, Proprietor of M/s.SN MEDIA, No.13, Clemens Road, Purasawalkam, Chennai-600 007.

¶9

... Plaintiff

¶10

Versus

¶11

M/s.NIC ARTS, Represented by its Proprietor Mr.S.S.Chakravarthy, Having office at No.1, Senthil Andavar Street, Dhanalakshmi Colony, Vadapalani, Chennai-600 026.

¶12

M/s.MAGIC FRAMES, Represented by its Partner Mr.N.Thiruvengadam, No.8, Surya Street, Bharani Colony, Salilgramam, Chennai-600 093.

¶13

M/s.Chimbu Cine Arts, Represented by its Proprietor Mrs.Usha Rajendar, No.6, Masila mani Road, T.Nagar,Chennai-600 017.

¶14

M/s.Gemini Colour Laboratory,

¶15

https://hcservices.ecourts.gov.in/hcservices/ Gemini Industries & Imaging Pvt Ltd., 28, New Bangaru Colony, K.K.Nagar, Chennai-78.

¶16

... Defendant

¶17

¶18

Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree in favour in the plaintiff against the defendants:-

¶19

(a) For a permanent Injunction restraining the defendants or their men, agents, representatives, assigns, distributors and any one whosoever claiming through the defendants from releasing the movie 'VAALU' (Tamil) in any manner infringing the plaintiff's copy right in respect of the exclusive Theatrical Exploitation Rights in Entire Chennai City and N.S.C. Areas of the Tamil Colour Talkie Picture titled as 'VAALU' (Tamil) starring Simbu, Hansika, Santhanam, VTV Ganesan and others, Directed by Vijay Chandar, Music by Thaman.S.

¶20

(b) Direct the defendants to jointly and severally to pay the cost of the suit.

¶21

This Civil Suit coming on this day before this court for hearing in the presence of Mr.K.P.Sanjeev Kumar for M/s.Ojas Law Firm, Advocates for the plaintiff herein and Mr.N.Ramesh, Advocate for the 2^nd defendant herein

¶22

and Mr.Thiageswaran for M/s.Waron and Sai Ram, Advocates for the 3^rd https://hcservices.ecourts.gov.in/hcservices/ defendant herein and Mrs.R.Maheswari, Advocate for the 4^th defendant

¶23

¶24

the 3 rd

¶25

herein and upon reading the plaint filed herein and the learned counsel for

¶26

the 3^rd defendant having submitted that the movie has already been released and its has also gone out of the Theaters therefore, nothing survives in the suit for adjudication as the suit does not contain a prayer for damages also,

¶27

It is order as follows:-

¶28

That the suit in C.S.No.575 of 2015 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.

¶29

2.That there shall be no costs of this suit.

¶30

WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS DATED THE 13TH DAY OF JULY 2021.

¶31

Sd./ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//

¶32

Dated at Madras this the day of 2021.

¶33

COURT OFFICER(O.S.)

¶34

From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.

¶35

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

VSP 18/08/2021

C.S.No.575 of 2015

ORDER

DATED :13/07/2021

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

¶42

FOR APPROVAL: 12/10/2021

¶43

APPROVED ON: 21/10/2021

¶44

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

¶45

¶46

IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION)

¶47

TUESDAY, THE 13TH DAY OF JULY 2021

¶48

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

¶49

C.S.No.575 of 2015

¶50

C.S.No.575 of 2015:-

¶51

Mr.Sanjay Kumar Lalwani, Proprietor of M/s.SN MEDIA, No.13, Clemens Road, Purasawalkam, Chennai-600 007. ... Plaintiff

¶52

Versus

¶53

M/s.NIC ARTS, Represented by its Proprietor Mr.S.S.Chakravarthy, Having office at No.1, Senthil Andavar Street, Dhanalakshmi Colony, Vadapalani, Chennai-600 026.

¶54

M/s.MAGIC FRAMES, Represented by its Partner Mr.N.Thiruvengadam, No.8, Surya Street, Bharani Colony, Salilgramam, Chennai-600 093.

¶55

M/s.Chimbu Cine Arts, Represented by its Proprietor Mrs.Usha Rajendar, No.6, Masila mani Road, T.Nagar,Chennai-600 017.

¶56

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

¶57

¶58

M/s.Gemini Colour Laboratory, Gemini Industries & Imaging Pvt Ltd., 28, New Bangaru Colony, K.K.Nagar, Chennai-78. ... Defendant

¶59

Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree in favour in the plaintiff against the defendants:-

¶60

¶61

(b) Direct the defendants to jointly and severally to pay the cost of the suit, and

¶62

This Civil Suit coming on this day before this court for hearing the

¶63

https://hcservices.ecourts.gov.in/hcservices/ court made the following order:-

¶64

¶65

The suit is one for permanent injunction restraining the defendant from releasing the movie “VAALU”, thereby infringing the copyright of the plaintiff. The suit is undoubtedly a commercial dispute falling within the meaning of Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015. The jurisdiction is thus determined and this Commercial Division takes cognizance of the suit.

¶66

Sd./-R.S.M.J 13.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021.

¶67

COURT OFFICER(O.S.)

¶68

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

¶69

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

Mr. Sanjay Kumar Lalwani v. M/s. Nic Arts

Case brief

What is this about?

What did the court decide?

Mr. Sanjay Kumar Lalwani v. M/s. Nic Arts

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R.Prakash Kumar Vs M.Alagurajan

The Official Assignee Vs Mrs.a.Vanithamani

G.Srinivasan Vs 1.SHRI Maasaani Amman Movies

Maris Hotels and Theatre Pvt. Vs Hotel Maaris Grand

Reliance Industries Limited Vs Reliance Stationery World Pvt.

Mr.N.Krishnasamy (Deceased) 1.K.Balachander Vs P.D. Emmanuel and 7 others