Dismissed

M/s.Novex Communications Pvt. v. Hotel Crown Plaza Adyar

Madras HC14 Sept 2021CS/959/2016

Case brief

AI extract

What is this about?

This judgment dismisses a civil suit for copyright infringement and permanent injunction filed against two hotels. The court dismissed the suit for default because the plaintiff expressed lack of interest, reported a failed attempt to file a compromise memo, and subsequently failed to proceed or file the memo despite granted time.

What did the court decide?

Suit dismissed for default. No costs awarded.

M/s.Novex Communications Pvt. Vs Hotel Crown Plaza Adyar — Intellectual Property | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 14TH DAY OF SEPTEMBER 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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C.S.No.959 of 2016

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C.S.No.959 of 2016:-

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M/s.Novex Communications Pvt Ltd., Rep by its General Manager Operations, Mr. N.Gopalakrishnan, B/301, Remi Biz court, Plot No.9, Shah Industrial Estate, Off Veera Desai Road, Andheri (West) Mumbai – 400 058. ... Plaintiff

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Versus

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Hotel Crown Plaza Adyar Chennai, Repressentedby its General Manager, 132, TTK Road, Alwarpet, Chennai – 600 018. ... Defendant

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Civil suit praying that this Hon'ble Court be pleased to pass a

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judgment and decree:

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a. For permanent injunction restraining the Defendants, their men, partners, directors, employees, agents, servants, assigns, heirs, successors assignees, licensees, representatives or any person claiming through them or acting on their behalf or any other person claiming through/under them from

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in any manner publicly performing or communicating the sound recordings

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works of the Plaintiff to the public or allowing their premises or any https://hcservices.ecourts.gov.in/hcservices/ premises under their control to be used for the said purpose without license

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https://hcservices.ecourts.gov.in/hcservices/

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from the Plaintiff or in otherwise infringing copyright in any work Assigned

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to the Plaintiff.

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b. Costs of the suit.

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This Civil suit coming on this day before this court for hearing in the presence of Mr.P.V.Balasubramaniam, Advocate for the plaintiff herein and upon reading the plaint filed herein and this court having observed that the

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plaintiff is not interested in pursuing the case and it is ordered as follows:-

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(i) That the suit in C.S.No.959 of 2016 be and is hereby dismissed for default.

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(ii) That there shall be no costs in this suit.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14TH DAY OF SEPTEMBER 2021.

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Sd./-

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ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.

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https://hcservices.ecourts.gov.in/hcservices/

VSP 06/10/2021

C.S.No.959 of 2016

ORDER

DATED : 14.09.2021

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

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FOR APPROVAL:02.11.2021

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APPROVED ON: 18.11.2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.09.2021

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CORAM

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.S. No. 959 of 2016

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M/S Novex Communications Pvt Ltd Rep by its General Manager Operations Mr. N. Gopalakrishnan B/301, Remi Biz Court, Plot No.9 Shah Industrial Estate Off Veera Desai Road Andheri (West) Mumbai- 400 058

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...Plaintiff

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Hotel Hyatt Regency Represented by its General Manager 132, TTK Road, Alwarpet, Chennai- 600 018

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...Defendant

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Prayer: Plaint filed under order IV Rule 1 of the original side Rules r/w order VII Rule 1 of the CPC and under Section 51,55,62 of the Copyright Act,1957 is praying to pass a judgment and decree:

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a. For a permanent injunction restraining the Defendants, their men,

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partners, directors, employees, agents, servants, assigns, heirs, successors

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assignees, licensees, representatives or any person claiming through them or

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https://hcservices.ecourts.gov.in/hcservices/ acting on their behalf or any other person claiming through/under them from

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in any manner publicly performing or communicating the sound recordings

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works of the Plaintiff to the public or allowing their premises or any premises under their control to be used for the said purpose without license from the Plaintiff or in otherwise infringing copyright in any work Assigned to the Plaintiff.

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b. Costs of the suit.

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For Plaintiff : Mr.P.V. Balsubramaniam

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JUDGMENT

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The plaintiff is not interested in pursuing the case. When the matter

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was listed on 09.07.2021, they reported that the parties have entered into compromise and memo of compromise will be filed. Despite granting two months time, the plaintiff has neither filed compromise memo nor pursuing further. Hence, the suit is dismissed for default. No costs.

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Sd./-G.J.J 14.09.2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

M/s.Novex Communications Pvt. v. Hotel Crown Plaza Adyar

Case brief

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What did the court decide?

M/s.Novex Communications Pvt. v. Hotel Crown Plaza Adyar

Case brief

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What the court decided

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