The Court recorded the plaintiff's submission that the suit for injunction regarding copyright infringement had been settled out of court. Consequently, the suit was dismissed as withdrawn without costs.
The suit was dismissed as withdrawn.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 06th DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.938 of 2008
M/s.SUN TV Network Ltd., Rep. by its Manager (Programming), L.Jotheeswaran, No.4,Norton Road, Mandaveli, Chennai – 6000 028.
...Plaintiff
.Vs.
1.M/s.Atlantic Cinema, Rep. by its Proprietor S.Umapathy, Having Office at 12, Parthasarathy Street, Saligramam, Chennai – 600 094.
2
Having Office at GF-2, 2, Thirumukkulam South Street, Thallakulam, Madurai – 2.
7.M/s.Gemini Colour Laboratory, No.28, New Bangaru Colony, West K.K.Nagar, Chennai – 600 078.
... Defendants Civil Suit praying that this Hon'ble Court may be pleased to pass a judgement and Decree against the defendants:
a) For a permanent injunction restraining the defendants 2 to 6, their men, agents, assignees or any other person or persons claiming through them from in any manner infringing the plaintiff's copy rights in the suit Film “Kadhalil Vizhunthen” (Tamil Colour), starring Nakul, Sunena, Livingston and others and directed by Mr.P.V.Prasath, inclusive of the rights of Satellite Service, Terrestrial Television Broadcast and all other rights connected therewith including exhibition of the films, songs, scenes or any part thereof by means of wireless diffusion and by wire for communication to the public through Television Broadcast, cable or any other mode and
b) directing the defendants to pay costs of the suit.
This Civil Suit coming on this day before this court for hearing in
the presence of Mrs.M.Sneha, Advocate for the plaintiff herein and upon https://hcservices.ecourts.gov.in/hcservices/ reading the plaint filed herein and the learned counsel for the plaintiff
3
having submitted that the suit has been settled out of Court and seeks
permission to withdraw the suit, and this Court doth recording the same,
it is ordered as follows :-
That the Suit in C.S.No.938 of 2008 be and is hereby dismissed
as withdrawn.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 06th 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.
4
KY
10.08.2021
C.S.No.938 of 2008
ORDER
DATED : 06.07.2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 06.09.2021
APPROVED ON: 08.09.2021
5
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.938 of 2008
M/s.SUN TV Network Ltd., Rep. by its Manager (Programming), L.Jotheeswaran, No.4,Norton Road, Mandaveli, Chennai – 6000 028.
...Plaintiff
.Vs.
1.M/s.Atlantic Cinema, Rep. by its Proprietor S.Umapathy, Having Office at 12, Parthasarathy Street, Saligramam, Chennai – 600 094.
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6.M/s.Goldent TV rep. by its Authorised Person, Having Office at GF-2, 2, Thirumukkulam South Street, Thallakulam, Madurai – 2.
7.M/s.Gemini Colour Laboratory, No.28, New Bangaru Colony, West K.K.Nagar, Chennai – 600 078.
... Defendants Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
read with Sections 55 and 62 of the Copyright Act read with Order IV Rule
1 of the Original Side Rules praying for a judgment and decree :
a) For a permanent injunction restraining the defendants 2 to 6,
their men, agents, assignees or any other person or persons claiming through them from in any manner infringing the plaintiff's copy rights in the suit Film “Kadhalil Vizhunthen” (Tamil Colour), starring Nakul, Sunena, Livingston and others and directed by Mr.P.V.Prasath, inclusive of the rights of Satellite Service, Terrestrial Television Broadcast and all other rights connected therewith including exhibition of the films, songs, scenes or any part thereof by means of wireless diffusion and by wire for communication to the public through Television Broadcast, cable or any other more and
b) directing the defendants to pay costs of the suit.
For Plaintiff : Mrs.M.Sneha
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J U D G M E N T
The suit has been filed by the plaintiff seeking
a) For a permanent injunction restraining the defendants 2 to 6, their men, agents, assignees or any other person or persons claiming through
them from in any manner infringing the plaintiff's copy rights in the suit Film “Kadhalil Vizhunthen” (Tamil Colour), starring Nakul, Sunena, Livingston and others and directed by Mr.P.V.Prasath, inclusive of the rights of Satellite Service, Terrestrial Television Broadcast and all other rights connected therewith including exhibition of the films, songs, scenes or any part thereof by means of wireless diffusion and by wire for communication to the public through Television Broadcast, cable or any other more and
b) for costs of the suit.
2. Mrs.M.Sneha, learned counsel appearing for the plaintiff would
submit that the suit has been settled out of court and seeks permission to withdraw the suit.
3. The statement of the counsel for the plaintiff is recorded and
the suit is dismissed as withdrawn. No costs.
Sd./-R.S.M.J 06.07.2021
List of the witnesses examined on the side of the plaintiff : Nil
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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
06.07.2021 //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 provisions across 2 enactments
M/s. Atlantic Cinema
M/s. Vaigai TV
M/s. Media TV
M/s. Krishna TV
M/s. R TV
R. Subramanian
Sanjib Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
