Suit filed by a music company for copyright infringement and injunction against a hotel was dismissed for default because the plaintiff failed to pursue the case or file a compromise memo after being granted time.
The suit was dismissed with no costs 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)
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
C.S. No.960 of 2016
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 (Wesst) Mumbai – 400 058. ... Plaintiff
Versus
Hotel Westin Velachery, Represented by its General Manager, 154, Velachery Main Road, Chennai – 600 042. ... Defendant
Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree:
(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 in any manner publicly performing or communicating the sound recordings 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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from the Plaintiff or in otherwise infringing copyright in any work Assigned
to the Plaintiff.
(b) Costs of the suit.
This Civil Suit coming on this day before this court for hearing in the presence of Mr.P.V.Balsubramaniam Advocate for the plaintiff herein and upon reading the plaint filed herein and this court having observed that the
plaintiff is not interested in pursuing the case and it is ordered as follows:-
(i) That the suit in C.S.No.960 of 2016 be and is hereby dismissed for default.
(ii) That there shall be no costs in this suit.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14TH DAY OF SEPTEMBER 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.
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VSP 06/10/2021
C.S. No.960 of 2016
ORDER
DATED : 14.09.2021
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
FOR APPROVAL:12/10/2021
APPROVED ON:21/10/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S. No. 960 of 2016
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
Vs
Hotel Westin Velachery Represented by its General Manager 154, Velachery Main Road, Chennai- 600 042
...Defendant
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:
a. For a 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
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.
b. Costs of the suit.
For Plaintiff : Mr.P.V. Balsubramaniam
JUDGMENT
The plaintiff is not interested in pursuing the case. When the matter 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.
Sd./-G.J.J 14.09.2021
//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.
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
