Plaintiff seeking injunctions against multiple defendants for copyright infringement of the film 'Namma Veetu Pillai'. The suit was disposed of as withdrawn by the plaintiff on 04.03.2021.
Suit dismissed as withdrawn. No order as to costs. Connected applications closed.
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.577 of 2019, O.A.Nos.887, 888 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.577 of 2019
and O.A.Nos.887, 888 of 2019
Sun TV Network Ltd.
Murasoli Maran Towers
Represented by its Authorised Signatory
M.Jyothi Basu
73, MRC Nagar Main Road
MRC Nagar
Chennai - 600 028. ... Plaintiff
..Vs..
1.Bharat Sanchar Nigam Limited,
Bharat Sanchar Bhavan,
Harish Chandra Mathur Lane,
Janpath, New Delhi - 110 001.
2.Mahanagar Telephone Nigam Ltd.,
5th Floor, Mahanagar Doorsanchar Sadan,
9, CGO Complex, Lodhi Road,
New Delhi 110003.
3.Bharti Airtel Limited,
Bharti Crescent 1, Nelson Mandela Road,
Vasant Kunj, Phase II,
New Delhi - 110 070.
4.Aircel Cellular Limited,
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
5th Floor, Spencer Plaza, 769, Anna Salai,
Chennai - 600 002.
5.Hathway Cable & Datacom Limited, 4th Floor, "Rahejas", Main Avenue, Santacruz (W), Mumbai - 400 054.
6.Excitel Broadband Pvt. Ltd. O-2, 2nd Floor, Lajpat Nagat II New Delhi - 110 024.
7.Vodafone India Limited,
Peninsula Corporate Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai - 400 013.
8.Idea Cellular Limited,
Suman Tower, Plot No.18, Sector 11, Gandhinagar, Gujarat - 382 011.
9.Reliance Communications Infrastructure Limited, Dhirubhai Ambani Knowledge City, Navi Mumbai 400 079.
10.Tata Teleservices Ltd.,
2A Old Ishwar Nagar, Main Mathura Nagar, New Delhi 110065.
402, fourth floor, skyline icon, Andheri Kurla Road, Behind Mittal ind. estate, Andheri east, Mumbai - 400 059.
12.GTPL Hathway Ltd.,
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
202, 2nd Floor, Sahajanand Shopping Center, Opp. Swaminarayan Temple, Shahibaugh, Ahmedabad - 380004.
13.Tikona Digital Networks Private Limited, Office 3A, 3rd Floor, LBS Marg, Bhandup (West), Mumbai - 400 078.
14.BG Broadband India Private Limited, Plot No.54, Marol Industrial Cooperative Area, Off Andheri Kurla Road, Andheri (East), Mumbai - 400 059.
15.Sify Technologies Limited, 2nd Floor, 'TIDEL PARK', No.4, Canal Bank Road,
Chennai - 600 113.
16.Siti Broadband Services Pvt. Ltd., B-10, Lawrence Road, Industrial Area, New Delhi North West Delhi 110035.
17.You Broadband & Cable India Ltd., 2nd and 3rd Floor, IQARA Centre, Near Gujarat Gas Circle, Adajan - Hazaria Road, Surat - 395 009.
18.Asianet Satellite Communications, 2A, II floor, Leela Infopark, Technopark Limited, Kazhakkoottam, Thiruvananthapuram, Kerala - 695 581.
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
Station Road, Durgapura, Jaipur 30.
20.Readylink internet Services Limited, Galaxy, Plot no.7, Sakhthi Colony, RK Puram, Ganapathy, Coimbatore - 641 006.
21.Opto Network Private Limited, B-86, Sector - 14, Noida - 201301, Uttar Pradesh.
22.Nettlinx Limited, 5-9-22, 3rd floor,
My Home Sarovar Plaza, Secretariat Road, Saifabad, Hyderabad - 500 004.
23.City Online Services Limited, 701, 7th Floor, Aditya Trade Center, Ameerpet, Hyderabad - 500 038.
24.Pioneer eLabs Limited, Pioneer Towers, 7th Floor, Plot No.16, Survey No.64, Software Unit Layout, APIIK, i-Tech City, Madhapur, Hyderabad: 500 080.
25.AT & T Global Network Service India Pvt. Ltd., 13th floor, 1305-06, Mohan Dev House, 13, Tolstoy Marg, New Delhi - 110 001.
26.Nextgen Communications Limited,
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
Thachil Complex, No.10, 3rd floor, Raja Annamalai Road, Saibaba Mission Post, Coimbatore - 641 011.
27.Virgo Global Media Limited, 101, Achyuth Mazar, H.No.:7-1-621/48, S.R.Nagar, Hyderabad, Telangana 500 038.
28.Southern Online Bio Technologies Limited, Flat no.A3, 3rd floor, Office block, Samrat Complex, Saifabad, Hyderabad - 500 004.
29.MyNet Services India Private Limited,
Erode - 638 006.
30.Reliance Jio Infocomm Ltd.,
222, Nariman Point, Mumbai - 400 021.
31.Limras Eronet Broadband Services Private Limited,
Kilpauk, Chennai - 600 010.
No.18/7, First Floor, Postal Colony 2nd Street, West Mambalam,
Chennai 600 033.
33.Spectra ISP Networks Pvt. Ltd., Plot No.21-22, 3rd Floor, Udyog Vihar, Phase IV, Gurgaon - 122 015.
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
35.Essel Shyam Communications Ltd., 1121, Hemkunt Chambers, 11th Floor, 89, Nehru Place New Delhi - 110019.
36.Five Network Solution (I) Ltd., 22/2, Plot No.275 - B, Gurunanak School Compound, Sion (West), Mumbai 400022. 37.Atria Convergence Technologies Limited, Indian Express Building, No.1, 2nd Floor, Queen's Road, Bengaluru - 560 001, Karnataka. Also at No.17/68, Chevalier Shivaji Ganesan Street New Colony, T.Nagar, Chennai 600 017.
38.Action Lane, No.16, No.1A Kalpana Appartments, 1st Street, Above Padmanaba Nagar Electricity Board, Adyar, Chennai - 600 020.
39.Jak Communications Pvt. Ltd., No.4, J Block, Near 6th Avenue, Anna Nagar East, Chennai - 600 102.
40.C32 Cable Net Pvt. Ltd.,
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
Old No.284, New No.204, Shanmugam Salai, Royapettah, Chennai - 600 014.
42.Thiru Nagar Satellite Vision Pvt. Ltd., No.149/80 Vijaya Theatre Complex, Behind Kasi Theatre, Pillaiyar Koil Street, Jafferkhanpet, Chennai - 600 083. ... Defendants
PRAYER : Plaint filed under and Order VII Rule 1 of Civil Procedure Code, 1908 and Order IV Rule 1 of O.S.Rules, 1956 Read with Sections 51, 52, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act No.4 of 2016, prayed for a Judgment and Decree:-
(a) A permanent injunction restraining the defendants 1 to 37 from
infringing the cinematographic film "Namma Veetu Pillai" and said Work
be directed to block all websites / web pages and future websites that would be created (including their prefix and suffix) including their names along
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
with those Non-Complaint websites mentioned in Schedule - A hosting contents that relate to Plaintiff's copyright protected cinematographic film
"Namma Veetu Pillai" in any manner, block all mobile applications and websites that create extensions on popular browsers, block all websites on Safari, Chrome and Tizen mobile browsers respectively, thereby restraining the unauthorised copying, transmission, communication or make available or display or release or show or upload or download or exhibit or play and/or in any manner communicate in and/or through their services immediate of
receipt of details of such infringing websites/webpages in writing;
(b) A permanent injunction restraining the Defendants 38-42 from
infringing the cinematographic film "Namma Veetu Pillai" by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through
them or under them from infringing the plaintiff's copyrighted cinematographic film "Namma Veetu Pillai" by copying, recording, reproducing or allowing camcording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
playing and/or in any manner whatsoever from communicating the
cinematographic film "Namma Veetu Pillai" and said Work without a proper license from the plaintiff or in any other manner which would violate
/ infringe the plaintiff's copyrighted cinematographic film "Namma Veetu
Pillai" through different mediums including but not limited to CD, DVD, Blu-ray disc, VCD, cable TV, Direct to home services, internet services,
multimedia messaging services, pen drives, hard drives, tapes, DAS, satellite, Conditional Access Systems or in any other medium/manner whatsoever;
(c) for costs of the suit.
For Plaintiff : M/s.M.Shena
For Defendants : M/s.A.M.Venkatakrishnan for D3 M/s.H.Mary Sowmi for M/s.Isaac Chambers for D34
*******
C.S.No.577 of 2019, O.A.Nos.887, 888 of 2019
C.V.KARTHIKEYAN, J
rna
J U D G M E N T
The learned counsel for the plaintiff made the following
endorsement:
"May be disposed as withdrawn".
2. In view of the same, suit is dismissed as withdrawn. No order
as to costs. Connected applications are closed.
04.03.2021
Index : Yes / No
Web : Yes / No
rna
C.S.No.577 of 2019
and O.A.Nos.887, 888 of 2019
http://www.judis.nic.in 10/10
3 provisions across 3 enactments
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
