A suit for declaration of copyright ownership and injunction, filed under the Copyright Act, 1957, was dismissed because the plaintiff's counsel submitted that the legal issues had already been settled between the parties, despite the suit being pending for over 18 years.
The suit was dismissed. No order as to costs.
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.
C.S. No.90 of 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.03.2021
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S. No.90 of 2002
Surya TV, A Unit of Sun TV Ltd., represented by its program coordinator, Mr.Humayun Ali Ahmed, 268/269, Anna Salai, Teynampet, Chennai-600 018. .. Plaintiff /versus/
1.Asianet Communications Ltd.,
represented by its DGM-Finance Mr.Srinivasa Raghavan,
No.1-C, Apex Plaza,
No.3, Nungambakkam High Road,
Chennai-600 034.
2.M/s.J.K.Productions, Rep. by its Proprietor Mr.S.Thankappan, Jaya Bhavan, Vattiyoorkavu, Thiruvananthapuram-695 013. .. Defendants
This Civil Suit is filed to:-
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C.S. No.90 of 2002
i)declaring that the plaintiff alone is entitled to the copyright in respect of the broadcast of the picture "THAKILU KOTTAM PURAM'' (Malayalam) through satelite Televisions.
ii)for a permanent injunction restraining the first defendant or their agents or servants or anyone claiming under or through them and/or authorized by them from in any manner infringing the copy right already vested with the plaintiff in respect of the boradcast through satellite Television relating to the picture "THAKILU KOTTAM PURAM'' (Malayalam) either by seeking to broadcasting the entire picture or scenes or songs or otherwise in the first defendant channel or in any other channel
iii) directing the defendants to pay to the platinff the costs of
this suit.
For Plaintiff : Mr.Y.Anil Kumar For Defendants : Mr.R.Mukundan
JUDGMENT
The suit has been filed under Sections 55 and 62 of the Indian
Copy right Act 1957, seeking a judgement and decree for declaration that the plaintiff is the absolute owner of the limited copyrights of the film
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C.S. No.90 of 2002
"THAKILU KOTTAM PURAM'' (Malayalam) and also for costs of Suit.
2.The suit is pending for more than 18 years.
Intellectual Property Right, the Commercial Division has jurisdiction to examine the issues raised in view of Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015.The defendants has not been served.
4.The learned counsel for the plaintiff stated that the issues have already been settled between the parties.
5.In view of the submission made by the learned counsel for the plaintiff, the suit is dismissed. No orders as to costs. 11.03.2021 tta
Internet : Yes / No Index : Yes / No Speaking Order : Yes / No
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C.S. No.90 of 2002
C.V.KARTHIKEYAN,J.
tta
C.S. No.90 of 2002
11.03.2021
2 issues framed by the court
Whether to allow or dismiss a suit for declaration of copyright ownership and injunction filed for over 18 years upon submission that issues are settled.
Whether the plaintiff is the absolute owner of the limited copyrights of the film "THAKILU KOTTAM PURAM" and entitled to injunction against defendants.
2 provisions across 1 enactments
1.Asianet Communications Ltd.
M/s.J.K.Productions
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
