The Madras High Court dismissed a civil suit filed by Veera Mohan regarding copyright ownership of the film 'June R' and sought injunctions. The suit was dismissed for non-prosecution as neither the plaintiff nor defendants appeared, and no written statement was filed.
The suit was dismissed for non-prosecution and no costs were awarded.
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)
THURSDAY, THE 22ND DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.85 of 2006
In the matter of Copy Right Act and In the matter of 'Tamil Talkie Picture 'June R'
Veera Mohan,
Prop. M/s. Jai Weeraa's Film International 1st Cross Street, Venkatesh Nagar, Virugambakkam, Chennai – 600 092.
... Plaintiff
-Versus-
... Defendants
C.S.No. 85 of 2006
Civil Suit praying that this Hon'ble Court be pleased to grant a
https://hcservices.ecourts.gov.in/hcservices/ judgment and decree:
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a)
This suit coming on this day before this court for hearing and the Plaintiff 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 herein, it is ordered as follow:-
That the suit in C.S.No. 85 of 2006, be and is hereby dismissed for non-prosecution.
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WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22ND DAY OF JULY 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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NS 01.09.2021
C.S.No. 85 of 2006
ORDER
DATED 22/07/2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 09/09/2021
APPROVED ON:13/09/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.85 of 2006
Veera Mohan
Prop. M/s.Jai Weeraa's Film International
...Plaintiff
Vs.
... Defendants
Plaint filed under Sections 55 and 62 of Copy Right Act read with
Order IV Rule 1 of the Original Side Rules praying for a judgment and decree against the defendants:
a) For declaration that the plaintiff is the absolute owner of the Copy Right of the Picture June R Staring Kushboo and Jyothika for entire overseas including Sri Lanka for a perpetual period of 99 years and entitled to receive publicity materials and lab letter on payment of balance lease consideration to the first defendant and the Agreement entered between the plaintiff and the first defendant dated 20.08.2005 is in force;
b) Permanent injunction restraining the first defendant from https://hcservices.ecourts.gov.in/hcservices/ releasing the picture June R any where in Tamilnadu without complying the
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terms and conditions of the agreement dated 20.08.2005 and consequently restraining the second defendant from releasing the prints of the picture June R or any publicity material to the first defendant or any body claiming under or acting on behalf of the first defendant in contravention of the Agreement dated 20.08.2005 and
c) Direct the defendants to pay the costs of the suit.
For Plaintiff : No appearance
J U D G M E N T
The suit has been filed for
a) Declaration that the plaintiff is the absolute owner of the Copy
Right of the Picture June R Staring Kushboo and Jyothika for entire overseas including Sri Lanka for a perpetual period of 99 years and entitled to receive publicity materials and lab letter on payment of balance lease consideration to the first defendant and the Agreement entered between the plaintiff and the first defendant dated 20.08.2005 is in force;
b) Permanent injunction restraining the first defendant from
releasing the picture June R any where in Tamilnadu without complying the terms and conditions of the agreement dated 20.08.2005 and consequently https://hcservices.ecourts.gov.in/hcservices/ restraining the second defendant from releasing the prints of the picture
June R or any publicity material to the first defendant or any body claiming
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under or acting on behalf of the first defendant in contravention of the Agreement dated 20.08.2005 and
c) For the costs of the suit.
2. Though, time was granted to file written statement till
20.07.2021, no written statement has been filed. None appears for the defendants. The defendants are called absent and set exparte. None appears for the plaintiff also.
3. Hence, the suit is dismissed for non-prosecution. No costs.
Sd/- R.S.M.J. 27/07/2021
List of the witnesses examined on the side of the plaintiff : Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked 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.
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 for copyright declaration and injunction should be dismissed when no parties appear and no written statement is filed.
What is the consequence of non-prosecution of a civil suit for copyright remedies.
2 provisions across 2 enactments
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
