A copyright suit filed by Sun TV Ltd. against Asianet Communications Ltd. and M/s. Geethika Arts for declaration of rights and injunction regarding the broadcast of the picture 'ADHIPAN' was dismissed by the High Court of Judicature at Madras after the parties settled the matter out of court.
No costs awarded; suit dismissed as settled out of court.
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 APRIL 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No. 89 of 2002
M/s.SUN TV Ltd., Rep. by its Program Coordinator Mr.Humayun Ali Ahmed 268/269, Anna Salai, Teynampet, Chennai - 600 018. ...Plaintiff .Vs.
1.Asianet Communications Ltd., Rep. by its DGM-Finance No.1-C, Apex Plaza, No.3, Nungambakkam High Road, Chennai - 600 034.
2.M/s.Geethika Arts
Rep. by its Proprietor Mr.K.C.Chandrahasan Thakshasila, Kowdiar Thiruvananthapuram - 695 003. ... Defendants
Civil suit praying that this Hon'ble Court be pleased to pass a
judgement and decree against the defendant:-
i) A declaration that the plaintiff alone is entitled to the Copyright in respect of the broadcast of the picture “ADHIPAN” (Malayalam) through Satellite Television;
ii) A permanent injunction restraining the 1st defendant or their agents or servants or anyone claiming under or through them and/or authorised by https://hcservices.ecourts.gov.in/hcservices/ them from in any manner infringing the Copyright already vested with the
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plaintiff in respect of the broadcast through Satellite Television relating to
the picture “ADHIPAN” (Malayalam) either by seeking to broadcasting the
entire picture or scenes or songs or otherwise in the 1st defendant channel or in any other channel;
iii) A direction the defendants to pay to the plaintiff the costs of this
suit.
This Civil suit coming on this day before this Court for hearing in the presence of Mr.R.Mukundan, Advocate for the Plaintiff herein and Mr.Dharani Dharan for M/s. Perumbulavil Radhakrishnan, Advocates for the 1st defendant herein and the 2nd defendant herein not appering in person or by advoate and upon reading the pleadings filed herein and the learned counsel for the plaintiff having submitted that the matter has been settled out of court and the matter may be dismissed as settled out of court and the learned counsel for the 1st defendant would also affirm the said statement of
the learned counsel for the plaintiff, it is ordered as follows :-
That the suit in C.S.No.82 of 2002 be and is hereby dismissed as settled out court.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22nd DAY OF APRIL 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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SK-07.05.2021
C.S. No.89 of 2002
ORDER :-
DATED : 22.04.2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 18.05.2021
APPROVED ON: 02.06.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.89 of 2002
M/s.SUN TV Ltd., Rep. by its Program Coordinator Mr.Humayun Ali Ahmed 268/269, Anna Salai, Teynampet, Chennai - 600 018.
...Plaintiff
.Vs.
1.Asianet Communications Ltd., Rep. by its DGM-Finance No.1-C, Apex Plaza, No.3, Nungambakkam High Road, Chennai - 600 034.
2.M/s.Geethika Arts
Rep. by its Proprietor Mr.K.C.Chandrahasan Thakshasila, Kowdiar Thiruvananthapuram - 695 003.
... Defendants
Plaint filed under Sections 55 and 62 of the Indian Copyright Act praying for:
i) A declaration that the plaintiff alone is entitled to the Copyright in respect of the broadcast of the picture “ADHIPAN” (Malayalam) through Satellite Television;
ii) A permanent injunction restraining the 1st defendant or their agents https://hcservices.ecourts.gov.in/hcservices/ or servants or anyone claiming under or through them and/or authorised by
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them from in any manner infringing the Copyright already vested with the plaintiff in respect of the broadcast through Satellite Television relating to the picture “ADHIPAN” (Malayalam) either by seeking to broadcasting the entire picture or scenes or songs or otherwise in the 1st defendant channel or in any other channel;
iii) A direction the defendants to pay to the plaintiff the costs of this suit.
For Plaintiff : Mr.R.Mukundan For Defendants : Mr.Dharani Dharan for M/s.Perumbulavil Radhakrishnan for D1 D2 - No appearance
J U D G M E N T
This suit has been filed for a declaration that the plaintiff alone is entitled to the Copyright in respect of the broadcast of the picture “ADHIPAN” (Malayalam) through Satellite Television, a permanent injunction restraining the 1st defendant or their agents or servants or anyone claiming under or through them and/or authorised by them from in any manner infringing the Copyright already vested with the plaintiff in respect of the broadcast through Satellite Television relating to the picture “ADHIPAN” (Malayalam) either by seeking to broadcasting the entire https://hcservices.ecourts.gov.in/hcservices/ picture or scenes or songs or otherwise in the 1st defendant channel or in any
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other channel and for costs of the suit.
2. Mr.R.Mukundan, learned counsel appearing for the plaintiff would
submit that the matter has been settled out of Court and the matter may be
dismissed as settled out of court.
3. Mr.Dharani Dharan, learned counsel representing Mr.Perumbulavil Radhakrishnan, learned counsel appearing for the 1st defendant would also affirm the said statement of the learned counsel for the plaintiff.
4. Hence, the suit is dismissed as settled out of Court. No costs.
22.04.2021
//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.
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.,)
22.04.2021
//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.
1 issue framed by the court
Whether a copyright suit for declaration and injunction should be dismissed when settled out of court.
1 provisions across 1 enactments
M/s.SUN TV Ltd.
Asianet Communications Ltd.
M/s.Geethika Arts
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
