Dismissed

M/S.Rafa International v. M/S.Vijayashree Arts

Madras HC27 Jul 2021CS/753/1999

Case brief

AI extract

What is this about?

A civil suit filed by M/s.Rafa International for declaration of copyright ownership and permanent injunction against M/s.Vijayashree Arts was hired for non-prosecution. The court dismissed the suit because the plaintiff's counsel could not contact the plaintiff, preventing service on the defendants.

What did the court decide?

The suit was dismissed for non-prosecution with no costs awarded.

M/S.Rafa International Vs M/S.Vijayashree Arts — 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 27TH DAY OF JULY 2021

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THE HON'BLE MR. JUSTICE R. SUBRAMANIAN

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C.S. No.753 of 1999

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M/s.Rafa International, Rep. By its Proprietor, PMA.Latheef, rep. By its Power of Attorney Agent, Mr.O.C.Mohammed

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...Plaintiff

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Vs.

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1.M/s.Vijayashree Arts, rep. By its Sole Proprietor, Mrs.Sesekala Venu, 6/97, Manju Apartments, Nesapakkam, Madras – 600 078.

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2.Mr.O.P.Venoo, Power of Attorney of Mrs.Sasakala Venu, M/s.Vijayashree Arts, 6/97, Manju Apartments, Nesapakkam, Chennai – 600 078. ...Defendants

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Civil suit praying that this Hon'ble Court be pleased to pray for a judgment and decree against the defendants:

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https://hcservices.ecourts.gov.in/hcservices/ a) a declaration that the plaintiff is the absolute owner of the entire

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Overseas, Videorights, Cable TV, Satellite rights for entire world including

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India of the Cinematographic Malayalam Motion Picture entitled as

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“Paarassaala Paramu Payyannoor Paatchan” starring Srinivasan, Jagathy, Rajan P.Dev, Anju, Sreeja, Sukumari and others music by S.P.Venkitesh directed by G.P.Venoo;

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b) a permanent injunction restraining of the defendants their men, agents, representatives or any of them claiming under them from interverring the rights of the entire overseas, Videorights, Cable TV, Satellite rights for entire world including India;

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c) the cost of the suit.

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This suit coming on this day before this Court for hearing in the presence of Mr.K.Shanmugakani, Advocate for the plaintiff herein and upon reading the plaint filed herein and the learned counsel for the plaintiffs having submitted that he is unable to contact the plaintiff and though the suit is of the year 1999, both the defendants are unserved, it is ordered as follows:-

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That the suit in C.No. 753 of 1999, be and is hereby dismissed for https://hcservices.ecourts.gov.in/hcservices/ non-prosecution.

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That there shall be no costs of this suit.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 27TH DAY OF JULY 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 2021.

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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/

EVK

03/09/2021

C.S. No.753 of 1999

ORDER

DATED : 27.07.2021

THE HON'BLE MR.JUSTICE R. SUBRAMANIAN

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FOR APPROVAL: 15/09/2021

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APPROVED ON: 17/09/2021

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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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DATED: 27.07.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.S.No.753 of 1999

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M/s.Rafa International,

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Rep. By its Proprietor, PMA.Latheef, rep. By its Power of Attorney Agent, Mr.O.C.Mohammed

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...Plaintiff

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Vs.

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1.M/s.Vijayashree Arts, rep. By its Sole Proprietor, Mrs.Seakala Venu, 6/97, Manju Apartments, Nesapakkam, Madras – 600 078.

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2.Mr.O.P.Venoo, Power of Attorney of Mrs.Sasakala Venu, M/s.Vijayashree Arts, 6/97, Manju Apartments, Nesapakkam, Chennai – 600 078. ...Defendants

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Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules r/w. Order VII Rule 1 of C.P.C., r/w. Sections 55 & 62 of the Copy Right Act, 1957, praying as follows:-

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a) a declaration that the plaintiff is the absolute owner of the entire Overseas, Videorights, Cable TV, Satellite rights for entire world including India of the Cinematographic Malayalam Motion Picture entitled as “Paarassaala Paramu Payyannoor Paatchan” starring Srinivasan, Jagathy, Rajan P.Dev, Anju, Sreeja, Sukumari and others music by S.P.Venkitesh https://hcservices.ecourts.gov.in/hcservices/ directed by G.P.Venoo;

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b) a permanent injunction restraining of the defendants their men,

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agents, representatives or any of them claiming under them from interverring the rights of the entire overseas, Videorights, Cable TV, Satellite rights for entire world including India;

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c) the cost of the suit.

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d) and pass such further or other orders as this Hon'be Court may deem fit and proper in the circumstances of this case and thus render justice. For Plaintiff : Mr.K.Shanmugakani - No instructions

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For Defendants : Unserved

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Mr.K.Shanmugakani, learned counsel appearing for the plaintiff

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would submit that he is unable contact the plaintiff.

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2.Though the suit is of the year 1999, both the defendants are

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unserved. Hence, the suit is dismissed for non-prosecution. No costs.

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Sd./-R.S.M.J.

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27/07/2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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

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

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

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Nil

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

Nil

Sd./-R.S.M.J.

27/07/2021

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

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COURT OFFICER(O.S.)

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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/

M/S.Rafa International v. M/S.Vijayashree Arts

Case brief

What is this about?

What did the court decide?

M/S.Rafa International v. M/S.Vijayashree 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

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