The Madras High Court dismissed a civil suit filed under the Indian Copyright Act, 1957, for non-prosecution. The Plaintiff failed to appear, and the defendants had not yet been served. No costs were awarded.
The suit is dismissed for non-prosecution. No costs to any party.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 11th DAY OF AUGUST 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.833 of 1999
In the matter of Indian Copyright Act 1957 and In the matter of Limited Copyright in the Pircture Enga Maplay Tamil dubbed from Telugu Picture Taali.
Ashok Kumar, Proprietor, Marshall Film Distributors No.23, Chari Street, T.Nagar, Madras.17.
...Plaintiff
Vs.
1.T.Anand Raj, Proprietor, Shanti Cine Arts No.16, Kannagi Street, Anna Nedumpathai, Choolai Medu, Madras 94.
2.Y.S.N.Sami, Proprietor, Srisiva Selvi Pictures No.21, Pidari Koil Street, Tiruchy 620 002. ...Defendants Civil Suit praying that this Hon'ble Court may be pleased to
judgement and decree against the defendants as follows:-
a. For declaration that the plaintiff is the absolute owner of the https://hcservices.ecourts.gov.in/hcservices/ copyright viz., the rights of exhibition, exploitation and distribution of the
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picture titled ENGA MAPLAY Tamil, starring Srikanth, Swathi, etc., directed by E.V.V.Sathyanarayana dubbed from Telugu picture TAALI for
the entire areas of Tamil Nadu, Kerela and F.M.S as known in the film trade.
b. For permanent injunction restraining the defendants, their men, agents, servants, or any other person acting on their behalf from interfering or infringing the plaintiff's rights of exhibition, exploitation and distribution of the picture titled ENGA MAPLAY Tamil, starring Srikanth, Swathi, etc., directed by E.V.V.Sathyanarayana dubeed from Telugu picture TAALI for the entire areas of Tamil Nadu, Kerela and F.M.S as known in the film trade.
c. For cost of the suit.
This Civil Suit coming on this day before this court for hearing in
the presence of plaintiff herein not appearing in person or by advocate and the defendant herein, not appearing in person or by advocate and upon reading the plaint filed herein,
it is ordered as follows :-
That the Suit in C.S.No.833 of 1999 be and is hereby dismissed
for non-prosecution.
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WITNESS THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 11th DAY OF AUGUST 2021.
Sd./-
ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 2021.
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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ky
27.08.2021
C.S.No.833 of 1999
ORDER
DATED : 11.08.2021
THE HON'BLE MR. JUSTICE
R.SUBRAMANIAN
FOR APPROVAL: 27.08.2021
APPROVED ON: 01.09.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.833 of 1999
Ashok Kumar, Proprietor,
Marshall Film Distributors. ...Plaintiff
Vs. 1.T.Anand Raj, Proprietor, Shanti Cine Arts.
2.Y.S.N.Sami, Proprietor, Srisiva Selvi Pictures. ...Defendants
Prayer: Plaint filed under Sections 55 and 62 of the Indian Copyright Act, 1957 r/w. Order IV Rule 1 of the Original Side rules and Order VII Rule 1 of C.P.C., seeking declaration that the plaintiff is the absolute owner of the
copyright viz., the rights of exhibition, exploitation and distribution of the picture titled ENGA MAPLAY Tamil, starring Srikanth, Swathi, etc., directed by E.V.V.Sathyanarayana dubbed from Telugu picture TAALI for the entire areas of Tamil Nadu, Kerela and F.M.S as known in the film trade, for permanent injunction restraining the defendants, their men, agents, servants, or any other person acting on their behalf from interfering or infringing the plaintiff's rights of exhibition, exploitation and distribution of
the picture titled ENGA MAPLAY Tamil, starring Srikanth, Swathi, etc.,
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directed by E.V.V.Sathyanarayana dubeed from Telugu picture TAALI for
the entire areas of Tamil Nadu, Kerela and F.M.S as known in the film trade
and for cost of the suit.
For Plaintiff : Mr.P.Amalanathan - No appearance
Though the suit is of the year 1999, none appears for the plaintiff
and the defendants have also not been served yet.
2.Hence, this suit is dismissed for non-prosecution. No costs.
Sd./-R.S.M.J
11.08.2021
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
Sd./-R.S.M.J
11.08.2021
//Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether a suit filed seeking declaration of copyright ownership under the Indian Copyright Act, 1957 should be dismissed for non-prosecution when neither party appeared.
Whether the Court could dismiss the suit for non-prosecution despite the defect of non-service of defendants.
3 provisions across 3 enactments
Ashok Kumar
T. Anand Raj
Y.S.N. Sami
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
