Dismissed

Sri Madhu Mohan v. Impleaded Amended as Per the

Madras HC29 Jun 2021CS/639/2001

Case brief

AI extract

What is this about?

The High Court at Madras considered a suit for copyright infringement and declaration in the Commercial Division. Due to the absence of the plaintiff's counsel and lack of instructions for the defendants' counsel, the suit was dismissed for non-prosecution with no costs awarded. The court briefly noted the suit falls under the Commercial Courts Act, 2015.

What did the court decide?

Suit dismissed for non-prosecution; no costs awarded.

Sri Madhu Mohan Vs Impleaded Amended as Per the — Intellectual Property | Madras HC (2021)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

(ORDINARY ORIGINAL CIVIL JURISDICTION)

¶4

TUESDAY, THE 29TH DAY OF JUNE 2021

¶5

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

¶6

C.S. No.639 of 2001

¶7

Sri Madhu Mohan Sole Proprietor, JR Productions Int., 7, Bharathi Street, West Mambalam, Chennai – 600 033.

¶8

... Plaintiff

¶9

-Versus-

¶10

Smt. Suma Ravi Kumar House No. 29/395, Kunnath Mana Lane, Dr.A.R Menon Road, Trichur, Kerala.

¶11

The Director, Doordharshan Kendra, Trivandram. (2^nd defendant impleaded as per the Order passed in Appln No. 5238 of 2001 dated 02.08.2002

¶12

... Defendant

¶13

C.S.No. 855 of 2015

¶14

Civil Suit praying that this Hon'ble Court be pleased to grant a

¶15

Judgement and Decree on the following terms:

¶16

a) For a declaration that the plaintiff is the limited owner of the

¶17

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

¶18

¶19

¶20

DESATHINTE KATHA' for producing Regional Tele-Serial (Malayalam) and National Network TV Serials; and

¶21

b) For a permanent injunction restraining the defendants, her agents, servant / representatives or anybody claiming through or under them from in any manner infringing the limited copyright and dealing with the copyright in respect of the Story-rights of the novel title “ORU DESTHINTE KATHA” regarding the Regional Tele-Serial (Malayalam)and National Network, TV Serials.

¶22

This suit coming on this day before this court for hearing in the presence of Mr.N.R.Srinath, Advocate for the defendants herein and the plaintiff herein, not appearing in person or by advocate and upon reading the plaint filed herein and this court having observed that on 28.04.2021, Mr. Krishna representing Mr.A. Chidambaram had reported that they had returned the papers alongwith the consent for change of vakalat, therefore, registry was directed to verify as to whether any new counsel had entered appearance, it is now reported that no new counsel has entered appearance, Mr.N.R.Srinath, learned counsel appearing for defendants would submit that he has no instructions, it is ordered as follows:-

¶23

That the suit in C.S.No. 639 of 2001, be and is hereby dismissed for non-prosecution.

¶24

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

¶25

¶26

That there shall be no costs of this suit.

¶27

WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE,

¶28

CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 29TH DAY OF JUNE 2021

¶29

Sd/-

¶30

ASSISTANT REGISTRAR(Comm.Cases)

¶31

//Certified to be true copy// Dated at Madras this the day of 2021.

¶32

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

¶33

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

NS 12.08.2021

C.S.No. 639 of 2001

DECREE

DATED 29/06/2021

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

¶40

FOR APPROVAL: 08/09/2021

¶41

APPROVED ON:09/09/2021

¶42

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

¶43

¶44

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶45

DATED: 29.06.2021

¶46

CORAM:

¶47

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

¶48

C.S.No.639 of 2001

¶49

Sri Madhu Mohan

¶50

Sole Proprietor, JR Productions Int., 7, Bharathi Street, West Mambalam, Chennai – 600 033.

¶51

...Plaintiff

¶52

Vs.

¶53

1.Smt.Suma Ravi Kumar House No.29/395, Kunnath Mana Lane, Dr.A.R.Menon Road, Trichur, Kerela.

¶54

2.The Director, Doordharshan Kendra, Trivandram.

¶55

(2^nd defenant impleaded as per the Order passed in Appln No.5238 of 2001 dated 02.08.2002) ...Defendants

¶56

Prayer: Plaint filed under Sections 55 and 62 of the Indian Copyright Act, 1955 r/w. Order IV Rule 1 & 2 of the Original Side Rules, praying as follows:-

¶57

i) for a declaration that the plaintiff is the limited owner of the Copyright in respect of Story right of the novel titled 'ORU DESATHINTE KATHA' for producing Regional Tele-Serial(Malayalam) and National

¶58

https://hcservices.ecourts.gov.in/hcservices/ Network TV Serials; and

¶59

¶60

ii) for a permanent injunction restraining the Defendant, her

¶61

agents, servants / representatives or anybody claiming through or under

¶62

them from in any manner infringing the limited copyright and dealing with the copyright in respect of the Story-rights of the novel titled “ORU DESATHINTE KATHA” regarding the Regional Tele-Serial (Malayalam) and National Netowork, Serials.

¶63

For Plaintiff : No Appearance For Defendants : No Appearance

¶64

J U D G M E N T

¶65

The suit is one for infringement of a copyright, which falls within

¶66

the meaning of the term 'commercial dispute' as defined under Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015. The jurisdiction is therefore, determined and the Commercial Division takes cognizance of the suit.

¶67

2.On 28.04.2021, Mr.Krishna representing Mr.A.Chidambaram

¶68

had reported that they had returned the papers along with the consent for change of Vakalat. Therefore, Registy was directed to verify as to whether

¶69

https://hcservices.ecourts.gov.in/hcservices/ any new counsel had entered appearance. It is now reported that no new

¶70

¶71

counsel has entered appearance. Mr.N.R.Srinath, learned counsel appearing for defendants would submit that he has no instructions.

¶72

3.In view of the same, this suit is dismissed for non-prosecution.

¶73

No costs.

¶74

Sd/- R.S.M.J. 29/06/2021

¶75

List of witness and documents filed on the side of the plaintiff:

¶76

Nil

¶77

List of witness and documents filed on the side of the defendants:

¶78

Nil

¶79

Sd/- R.S.M.J. 29/06/2021

¶80

//Certified to be true copy// Dated at Madras this the day of 2021.

¶81

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

¶82

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

Sri Madhu Mohan v. Impleaded Amended as Per the

Case brief

What is this about?

What did the court decide?

Sri Madhu Mohan v. Impleaded Amended as Per the

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S.Bavaria International Vs Tamil Ponnie Art and Two Othrs

K.Gwalinl Vs Kids Mart (India) Pvt. Ltd.

M/S.Autar Singh and Co.P.Ltd. Vs 1.B.BALAJI,PROPRIETOR

Winline (U.K.) Ltd. Vs Sri Sarbali Steel Tubes Ltd.

G.v.Films Limited Vs 1.GEMINI Industrries & Imaging

Sri Vani Soap Works Vs M/S.Cresent Chemicals