Court disposed of a suit for permanent injunction regarding copyright infringement where the plaintiff filed a memo withdrawing the suit due to lack of cause of action, resulting in dismissal with no order as to costs.
Suit dismissed as withdrawn; no order as to costs; withdrawal memo forms part of decree.
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.962 of 2003
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2021
CORAM:
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.962 of 2003
Sun TV Pvt Ltd., Rep by its Manager (Programmes), Mr.L.Jotheeshwaran, 367 / 369, Anna Salai, Teynampet, Chennai 600 018. ... Plaintiff ..Vs.. M/s.Hathway Cable & Datacom Pvt. Ltd., and "C" Chennai, Rep by its Managing Director, Mr.Jayaraman, House of Lords, Flat G-B, Door No.29, Luz Avenue, Mylapore, Chennai 600 004. ... Defendant
PRAYER : Plaint filed under and Order VII Rule 1 of CPC read with
under Sections 55, 60 and 62 of the Copyright Act, prayed for a Judgment and Decree:-
(a) For a permanent injunction restraining the defendant, their
men, agents, servants etc., from infringing the plaintiff, copyright as per the
agreements dated 29.07.1998 etc., telecasting the song, clippings or any part
C.S.No.962 of 2003
of the schedule mentioned films in the defendants channel.
(b) For costs of this Suit.
For Plaintiff : Ms.M.Sneha
For Defendant : No Appearance
*********
J U D G M E N T
A memo dated 10.03.2021 had been filed by the learned counsel
for the plaintiff wherein it had been stated as follows:
"It is respectfully submitted that since the cause
of action in the suit does not survive, hence it is respectfully submit that this Honourable Court may be pleased to permit the plaintiff to withdraw the above suit.
Hence it is prayed that this Honorable Court may be pleased to record this memo and pass and pass such suitable orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus
C.S.No.962 of 2003
render justice."
as to costs. The memo dated 10.03.2021 shall form part of the decree.
18.03.2021
Index : Yes / No
Web : Yes / No
rna
C.V.KARTHIKEYAN, J
C.S.No.962 of 2003
rna
C.S.No.962 of 2003
18.03.2021
2 provisions across 2 enactments
M/s. Hathway Cable & Datacom Pvt. Ltd.
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
