The High Court dismissed the defendants as the plaintiff, Reliance Entertainment Studios Pvt. Ltd., filed a motion to withdraw the suit filed under the Copyrights Act and Commercial Courts Act.
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
DATED 22.02.2020
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S. (Comm. Div) No.125 of 2021
Reliance Entertainment Studios Pvt. Ltd., 8th Floor, Grandeur, Veera Desai Ext. Road, Captain Sawant Marg, Near Country Club, Andheri West, Mumbai 400 053 Represented by its: Authorised Signatory Mr.Sachin Laxmichand Savla S.Kushal Raj
... Plaintiff
versus
https://www.mhc.tn.gov.in/judis Mumbai-400 09+8.
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12.GTPL Hathway Ltd., 202, 2nd Floor, Sahajanand, Shopping Center, opp. Swaminarayan Temple, Shahibaugh, Ahgmedabad-380 004.
2nd Floor, 'TIDEL PARK', https://www.mhc.tn.gov.in/judis No.4, Canal Bank Road, Chennai-600 113.
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22.Nettlinx Limited, 5-9-22, 3rd Floor, My Home Sarovar Plaza, Secretariat Road, Saifabad, Hyderabad.
https://www.mhc.tn.gov.in/judis Plot No.16, Survey No.64, Software Unit Layout,
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APIIk, i-Tech City, Madhapur, Hyderabad-500 080.
156, Poonamallee High Road, Kilpauk, Chennai-600 010.
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Gurgaon-122 015.
No.16, No.1A, Kalpana Apartments,
Chennai-600 020.
Pillaiyarkoil Street, Jafferkhanpet, Chennai-600 083.
... Defendants
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Civil Suit is filed under Order VII Rule 1 of the Code of Civil Procedure, 1908 and Order IV Rule 1 of High Court Original Side Rules, 1956 read with Sections 51,52,55 and 62 of the Copyrights Act, 1957 and the Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, No.4 of 2016 seeking judgment and decree on the following terms: (a) A permanent injunction restraining the Defendants 1 to 37 from infringing the cinematographic film “83” and said Work be directed to block all websites/web pages and future websites (including their prefix and suffix) and those Non-compliant websites mentioned in Schedule-A hosting contents and relate to Plaintiff's copyright protected cinematographic film “83” in any manner, thereby restraining the unauthorised copying, transmission, communication or make avaiable or display or release or show or upload or download or exhibit or play and/or in any manner communicate in and /or through their services immediate of receipt of details of such infringing websites/webpages in writing; (b) A permanent injunction restraining the Defendants 38-42 from infringing the cinematographic film “83” by themselves, their partners/proprietor/directors, heir, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the Plaintiff's copyrighted cinematographic film “83” by copying, recording, reproducing or allowing camcording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uplodaing or downloading or exhibiting or playing and/or in any manner whatsoever from communicating the cinematographic film “83” and said Work without a proper license from the Plaintiff or in
any other manner which would violate / infringe the Plaintiff's https://www.mhc.tn.gov.in/judis copyrighted cinematographic film “83” through different mediums including but not limited CD, DVD, Blu-ray disc, VCD, cable TV, Direct
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to home services, internet services, multimedia messaging services, pen drives, hard drives, tapes, DAS, satellite, Conditional Access Systems or in any other medium/manner whatsoever; and for costs of the suit.
V.Priya
JUDGMENT
Learned counsel for the plaintiff seeks permission to withdraw the suit. An endorsement to such effect has been made. Accordingly, C.S.(Comm. Div) No.125 of 2021 is dismissed as withdrawn. There will
be no order as to costs.
22.02.2022
Index : Yes/No
kal
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SENTHILKUMAR RAMAMOORTHY, J
kal
C.S. (Comm. Div) No.125 of 2021
22.02.2022
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
