Allowed

Jeeva, Propr. Chennel Vision v. C.Dhandayuthapani, Rep.by Propr. M/s.Thevar Films

Madras HC28 Sept 2021CS/680/2018

Case brief

AI extract

What is this about?

The High Court declared the plaintiff the sole copyright owner for telecasting rights of 57 movies acquired via a 2012 perpetual agreement. It granted a permanent injunction restraining production councils and guilds from infringing these rights and dismissed their subsequent claims.

What did the court decide?

Declaration of sole copyright ownership for 57 movies and permanent injunction restraining respondents from infringing telecast rights. Costs awarded. OA closed.

Jeeva, Propr. Chennel Vision Vs C.Dhandayuthapani… — Intellectual Property | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 28TH DAY OF SEPTEMBER 2021

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THE HON'BLE DR. JUSTICE G. JAYACHANDRAN

C.S.No. 680 of 2018

and

O.A.No. 929 of 2018

C.S.No. 680 of 2018 & O.A.No. 929 of 2018

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Mr. Jeeva, Proprietor, Channel Vision, No.102, Antony Complex, Jothi Nagar, No.1, Nagai Road, Thanjavur – 613 001.

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... Plaintiff /Applicant

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-Vs-

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Mr. C. Dhandayuthapani,

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Rep. by its Proprietor, M/s. Thevar Films, No. 330/10, Kodugupuram, Ponkottai, Pattukottai – 614 602.

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Mr. C. Dhandayuthapani,

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Rep.by its Proprietor, M/s. Dhandayuthapani Films, No.330/10, Kodugupuram, Ponkottai, Pattukottai – 614 602.

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Tamil Film Producers' Council Rep.by its Honorary Secretaries, No.606, Anna Salai, Chennai – 600 006.

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

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Tamil Film Producer Trade Trust, Rep.by its Managing Trustee, No.606, Anna Salai, Chennai – 600 006.

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Film and Television Producers' Guild of South India, Rep.by its Secretary, B1, Rams Flat, New No.19 (Old No.5), Jagatheeswaran Street, T.Nagar, Chennai – 600 017. ... Defendants /Respondents

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Civil suit praying that this Hon'ble Court be pleased to pass a Judgment and decree against the Defendants as follows:

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a) For declaration, declaring the Plaintiff is the sole and absolute copyright onwer in respect of telecasting 57 movies more fully set out in the Schedule of List hereunder to telecast the same through cable, cable TV, cable TV Channel, Set Top Box, etc., throughout the area of entire Tamil Nadu and other areas as contemplated in the respective agreements entered into between the Plaintiff and the respective Producers;

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b) for a Permanent Injunction restraining the Defendants their men,

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servants, agents, etc. from in any manner interfering or infringing the copyright owned by the Plaintiff in respect of telecasting 57 Movies more

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fully set out in the schedule of list hereunder through cable, cable TV, cable https://hcservices.ecourts.gov.in/hcservices/ TV Channel, Set Top Box, etc., throughout the area of entire Tamilnadu and

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

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other areas as contemplated in the respective agreements entered into

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between the Plaintiff and the respective Producers;

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c) cost of the Suit.

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O.A.No. 929 of 2018 :-

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Original Application praying that this Hon'ble Court be pleased to grant an ad-interim injunction restraining the Respondents / Defendants, their men, agents, servants, etc., from in any manner interfering or infringing the copyright owned by the Applicant / Plaintiff in respect of telecasting the 57 movies through cable, cable TV, cable TV channel, Set Top Box etc. throughout the area of Tamil Nadu and other areas pending disposal of the above suit.

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This suit along with the application having been heard on 24.09.2021 in the presence of Mr. Thiageswaran for M/s. Waraon and Sairams, Advocates for the Plaintiff in C.S.No. 680 of 2018 and for the Applicant in O.A.No. 929 of 2018 and the defendants herein, not appearing in person or by advocate and the said defendants herein, having been set exparte and upon reading the Plaint filed in C.S.No. 680 of 2018 and the https://hcservices.ecourts.gov.in/hcservices/ Judges Summons and the affidavit of Jeeva filed in O.A.No. 929 of 2018

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and other exhibits there in referred to and upon perusing the evidence

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adduced therein and having stood over for consideration till this date and coming on this date before this Court for orders in the presence of said advocates for the parties hereto and, it is ordered and decreed as follows:-

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That Mr. Jeeva, Proprietor, Channel Vision, the Plaintiff herein, be and is hereby declared as the sole and absolute copyright owner in respect of telecasting 57 movies morefully set out in the Schedule of List hereunder to telecast the same through cable, cable TV, cable TV Channel, Set Top Box, etc., throughout the area of entire Tamil Nadu and other areas as contemplated in the respective agreements entered into between the plaintiff and the respective Producers.

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That (1) Mr. C. Dhandayuthapani, (2) Mr. C. Dhandayuthapani, (3) Tamil Film Producers' Council, (4) Tamil Film Producers Trade Trust, (5) Film and Television Producers', Guild of South India, Rep.by its Secretary, the defendants herein, their men, servants, agents etc., be and are hereby restrained by an order of permanent injunction from in any manner interfering or infringing the copyright owned by the plaintiff in respect of telecasting 57 Movies more fully set out in the schedule of list hereunder

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through cable, Cable TV, Cable TV Channel, Set Top Box etc., throughout https://hcservices.ecourts.gov.in/hcservices/ the area of entire Tamil Nadu and other areas as contemplated in the

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respective agreements entered into between the plaintiff and the respective

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Producers.

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That the defendants herein, do pay to the plaintiff herein, the costs

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of the suit as and when taxed by the taxing officer of this Court and noted in the margin thereof.

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That the O.A.No. 929 of 2018 do stand closed.

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SCHEDULE

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SI.No.	NAME OF THE MOVIES
1.	THAIKKU PIN THAARAM
2.	NEELAMALAI THIRUDAN
3.	SENGOTTAI SINGAM
4.	VAZHAVAITHA DEIVAM
5.	YAANAPPAGAN
6.	KONGU NATTU THANGAM
7.	THAI SOLLAI THATTATHE
8.	KUDUMBA THALAIVAN
9.	THAAYAIKATHA THANAYAN
10.	THARMAM THALAIKKAKUM
11.	NEEDHIKKU PIN PAASAM
12.	DEIVATH THIRUMAGAL
13.	THOZHILALI
14.	VETTAIKKARAN
15.	KANNTHAI
16. n/hcservices	KATTURANI /
17.	THAAYUM MAGALUM

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

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SI.No.	NAME OF THE MOVIES

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18. 19.	THANIPPIRAVI MUGARASI
20.	THAAIKKU THALAIMAGAN
21.	DEIVACCHEYAL
22.	MAGARASI
23.	VIVASAAYI
24.	KADHAL VAHANAM
25.	THER THIRUVIZHA
26.	NERVAZHI
27.	AKKA THANKAI
28.	THUNAIVAN
29.	PENDEIVAM
30.	MAANAVAN
31.	KETTIKARAN
32.	THEIVAM
33.	NALLANERAM
34.	KOMAATHA YENGAL KULAMATHA
35.	VELLIKKIZHAMAI VIRATHAM
36.	THIRUVARRUL
37.	THAYILAKKUZHANTHAI
38.	AATTUKARAARA ALAMELU
39.	SORKKAM NARAGAM
40.	THAAI MEETHU SATHIYAM
41.	ANNAI ORU AALAYAM
42.	THAYILLAMAL NANILLAI
43.	ANBUKKU NAN ADIMAI
44.	ANJAATHA NENJANGAL
45.	ATHISAYA PIRAVIGAL
46.	RANGA
47.	ABHOORVA SAGOTHARIKAL
48.	SASHTI VIRUTHAM
49.	THAAI VEEDU
50. n/hcservice	MURUGAN ADIMAI s/
51.	ANTHASTU

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

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SI.No.	NAME OF THE MOVIES
52.	SELVI
53.	PANAM PATHUM SEIUM
54.	NALLA NAAL
55.	PIRANTHEN VALARTHEN
56.	SELLAKUTTI
57.	RAM LAKSHMAN

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24TH DAY OF SEPTEMBER 2021.

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Sd/-

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ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2022.

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

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

22.12.2021

C.S.No. 680 of 2018 and

O.A.No. 929 of 2018

DECREE :

DATED : 28/09/2021

THE HON'BLE DR. JUSTICE

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G. JAYACHANDRAN

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FOR APPROVAL: 28/12/2021

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APPROVED ON : 10/01/2022

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Reserved on : 24.09.2021

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Pronounced on : 28.09.2021

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Coram:

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.S.No.680 of 2018 & O.A.No.929 of 2018

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Mr.Jeeva, Proprietor, Channel Vision, No.102, Antony Complex, Jothi Nagar No.1, Nagai Road, Thanjavur – 613 001

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... Plaintiff

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/versus/

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Mr.C.Dhandayuthapani, Rep. by its Proprietor, M/s.Thevar Films, No.330/10, Kodugupuram, Ponkottai, Pattukottai – 614 602.

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Mr.C.Dhandayuthapani, Rep. by its Proprietor, M/s.Dhandayuthapani Films, No.330/10, Kodugupuram, Ponkottai, Pattukottai – 614 602.

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Tamil Film Producers' Council, Rep. by its Honorary Secretaries, No.606, Anna Salai, Chennai – 600 006.

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Tamil Film Producers Trade Trust, Rep. by its Managing Trustee, No.606, Anna Salai,

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https://hcservices.ecourts.gov.in/hcservices/ Chennai – 600 006.

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Film and Television Producers' Guild of South India, Rep. by its Secretary, B1, Rams Flat, New No.19 (Old No.5), Jagatheeswaran Street, T.Nagar, Chennai – 600 017. ... Defendants

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Prayer:- This Suit is filed under Order IV Rule 1 of Original Side Rules read with Section 7 of Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (4 of 2016) read with Section 55 of the Copyrights Act and Order VII Rule 1 of C.P.C.

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(a). For declaration, declaring the plaintiff is the sole and absolute copyright owner in respect of telecasting 57 movies morefully set out in the Schedule of List hereunder to telecast the same through cable, cable TV, cable TV channel, Set Top Box, etc., throughout the area of entire Tamil Nadu and other areas as contemplated in the respective agreements entered into between the plaintiff and the respective Producers;

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(b). For a permanent injunction restraining the Defendants their men, servants, agents etc., from in any manner interfering or infringing the copyright owned by the plaintiff in respect of telecasting 57 Movies more fully set out in the schedule of list hereunder through cable, cable TV, Cable TV channel, Set Top Box etc., throughout the area of entire Tamil Nadu and other areas as contemplated in the respective agreements entered into between the plaintiff and the respective Producers;

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https://hcservices.ecourts.gov.in/hcservices/ c) Cost of the suit.

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For Plaintiff : Mr.Thiageswaran for M/s.Waran and Sairams For Defendants : set exparte

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__*

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J U D G M E N T

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The suit is for declaration of Copyright ownership to telecast the 57 cinematography movies morefully described in the schedule to the plaint through cable, cable TV, cable TV channel, Set Top Box etc., and permanent injunction restraining the defendants their men and agents from interfering or infringing the telecast right owned by the plaintiff in respect of the suit subject movies.

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2. Plaint averments:-

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The plaintiff is carrying on business in telecasting cinematographic films, song clippings of the cinematographic films through cable TV, Set Top Box, etc. During the course of its business, the plaintiff, on 25.01.2012 acquired the copyright of the 57 Tamil feature films, from the first and second defendants, who are the producers of the said movies, exclusively for telecasting via cable, through cable TV, Set Top Box etc.,

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the rights for song, clippings trailer and entire movies for the territory of the https://hcservices.ecourts.gov.in/hcservices/ entire India.

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3. As per the agreement dated 25.01.2012, the defendants 1 and 2 assigned the copyright to telecast the movies through cable TV, via cable, through cable TV channel, Set Top Box etc. The said assignment is perpetual for 99 years. The plaintiff, after acquiring the copyright as stated above, exploiting the right continuously by reassigning the right to the cable TV operators at various places. While so, defendants 3 to 5 being Societies and trust established for the welfare of the Tamil Nadu Film Producers and Television Producers often interfere and infringe the copyright of the plaintiff by calling for meetings of its members and threaten the cable operators not to telecast the movies without paying consideration to them. The defendants 3 and 5 had given paper publication on 11.06.2017 and 16.07.2017 claiming that, their members have not assigned the copyright over the suit movies to anyone and the cable TV telecast right vest with its producers, who are the members of the 3^rd and 5^th defendants. They intend to assign rights Taluk wise and anybody interested in telecasting these movies should approach them for the right to telecast the movies. Such a claim is without any right and contrary to the agreement entered between the plaintiff and the producers of the film namely first and second

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defendants. Hence, the suit for the relief mentioned above.

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

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4. Suit summons for the defendants 3 to 5 was served on

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16.10.2018. The first and second defendants received the suit summons on 10.11.2018. The defendants had not chosen to contest the suit. They did not file any statement. Therefore, the plaintiff was directed to lead evidence. On behalf of the plaintiff, Mr.Ranjith Kumar Venkatesan was examined as P.W-1. Four documents were marked as Ex.P-1 to Ex.P-4.

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5. Ex.P-1 is the agreement copy dated 25.01.2012. The second defendant for himself and on behalf of the first defendant concern had assigned to the plaintiff the entire cable TV copyright all over India for a perpetual period of 99 years in respect of 57 movies, which are listed as suit schedule. The expression cable TV rights is explained in clause 1(C) as means and includes all means whether now known or herein after invented or discovered, whereby means of any physical connection with wire, a multiplicity of television sets may receive a signal or signals through the means of broadcasting through a video system, whether encrypted or not so as to enable the reproduction or images in vision.

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6. Thus, it is clear from the terms found in the agreement Ex.P-1,

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the first and second defendants, who are the producer of the suit subject https://hcservices.ecourts.gov.in/hcservices/ films have assigned to the plaintiff the exclusive copyright to exploit the

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movie through cable in all modes. While so, the advertisements dated 11.06.2017 and 16.07.2017 which are marked as Ex.P-2 and Ex.P-3 inviting the cable TV operators to contact the third defendant for assignment of right to telecast movies produced by their members is not clear whether the offer to assign right includes the suit movies also.

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7. The defendants, who are supposed to explain whether it include the suit movies for which the plaintiff have exclusive cable TV copyright for perpetual period of 99 years from 2012 had remained exparte . Therefore, it is to be presumed that the first and second defendants as the producer of the suit movies or the defendants 3 to 5 which is a society and trust consisting the defendants 1 and 2 as its members have no right left to assign the right to telecast the suit schedule movies after the agreement Ex.P-1. Hence, Ex.P-2 and Ex.P-3 advertisement offering the telecast right is without any legal right.

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8. In view of the above facts established through Ex.P-1 to Ex.P-

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3, the plaintiff is entitled for the relief prayed. In the result, the Suit is Allowed as prayed. With costs. Consequently, connected application is

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closed.

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

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List of Witness examined on the side of the Plaintiff:-

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Mr.Ranjith Kumar (PW.1) List of Witness examined on the side of the Defendant :-

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Nil

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List of the Exhibits marked on the side of the Plaintiff:-

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Sl. Nos.	Exhibits	Dated		Description of documents
1.	Ex.P.1	25.01.2012	Photocopy receipt.	of Agreement of Assignment and
2.	Ex.P.2	11.06.2017	Photocopy publication returned)	of the News paper containing the (News paper original seen and
3.	Ex.P.3	16.07.2017	Newspaper paper origin	containing the publication (News al seen and returned)
4.	Ex.P.4	20.08.2021	Original Po	wer of Attorney.