The plaintiff in a civil suit seeking injunctions against copyright infringement and personality rights violation regarding a film requested to withdraw the suit. The court allowed the withdrawal and dismissed the suit accordingly without any order as to costs.
Suit dismissed as withdrawn; no order as to costs.
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)
MONDAY, THE 14TH DAY OF MARCH 2022
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.No.369 of 2015
Mr.T.Rajendar, No.4, Masiamani Street, T.Nagar, Chennai- 600 017
... Plaintiff
-Versus-
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Ganeshpuram, Vyasarpadi, Chennai- 600 039
*6. Sony Music Entertainment India Pvt.Ltd., Rep.by its Managing Director, No.92, Main Avenue, Santacruz (West), Mumbai - 400 064 Also at Raheja Towers, Unit No.404, Delta Wing, 177, Anna Salai, Chennai- 600 002
*7. M/s.Sun Tv Network Ltd, Rep.by its Authorised Signatory, Mr.M.Jyothibasu, Murasoli Maran Towers, 73, MRC Nagar Main Road, MRC Nagar, Chennai- 600 028
**(Defendants 6 & 7 impleaded as per order dated 16.10.2019 in A.No.8223 of 2018).* ... Defendants
Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendants for:
a) permanent injunction restraining the defendants from in any manner interfering or infringing the copyright and personality right of the plaintiff by releasing the film "Romeo Juliet" along with the song "Dhandanaka Naka....Naka..." and other scenes imitating the unique style of acting and dialogue delivering style of the plaintiff.
b) a permanent injunction restraining the defendants, their men, https://hcservices.ecourts.gov.in/hcservices/ agents, servants, etc., from in any manner telecasting, exhibiting and
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exploiting the song "Dhandanaka Naka....Naka..." in the media like You
Tube, Sun Music or any other media without the consent of the plaintiff.
**c) Directing the defendnats 1 to 7 jointly and severally pay to the plaintiff a sum of Rs.1,00,00,000/- towards damages for infringement used / misused the name, image, reputation and unique style of acting, and dialogues delivering style of the plaintiff for composing the song for making the film namely " Romeo Juliet without the consent of the plaintiff.
( Amended as per order dated 03.08.2021 in A.No.2346 of 2021)**
d) directing the defendants to pay the cost of the suit.
This Suit coming on this day before this court for hearing in the presence of Mr.P.Neethi Kumar for M/s.Waraon & Sai Rams, Advocate for the plaintiff herein and Mr.Arun C.Mohan, Advocate for the 4th defendant herein and Ms.M.Sneha, Advocate for the 7th defendant herein and the plaintiff herein seeks permission to withdraw the suit and he has also made
an endorsement on the plaint stating that "this suit may be disposed as withdrawn" to that effect,
it is ordered as follows:-
That the suit in C.S.No.369 of 2015 be and is hereby dismissed as https://hcservices.ecourts.gov.in/hcservices/ withdrawn.
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WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14th DAY OF MARCH 2022.
Sd/- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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DL
28.03.2022
C.S.No.369 of 2015
ORDER:
DATED: 14.03.2022
THE HON'BLE MR.JUSTICE SENTHIL KUMAR RAMAMOORTHY
FOR APPROVAL : 02.05.2022
APPROVED ON : 11.05.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2022
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.No.369 of 2015
T.Rajendar ... Plaintiff vs 1.Nandagopal 2.Lakshman 3.D.Iman Sound Factory 4.Aniruth 5.Rokesh 6.M/s.Sony Music Entertainment India Private Ltd, Rep. by its Managing Director, No.92, Main Avenue, Santacruz(West), Mumbai – 600 054.
7.M/s.Sun TV Network Ltd, Rep. By its Authorised Authority Mr.M.Jyothibasu Murasoli Maran Towers, 73, MRC Nagar Main Road, MRC Nagar, Chennai – 600 028. (Defendants 6 & 7 impleaded as per order dated 16.10.2019 in A.No.8223 of 2018) ... Defendants
Prayer: The Civil Suit is filed under Order IV Rule 1 of Original Side Rules R/W Order VII Rule 1 of C.P.C. for permanent injunction restraining the Defendants from in any manner interfering or infringing the copyright and personality right of the Plaintiff by releasing the film ''Romeo Juliet'' along with the song ''Dhandanaka Naka.......Naka......'' and other scenes https://hcservices.ecourts.gov.in/hcservices/ imitating the unique style of acting and dialogue delivering style of the
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Plaintiff and for a permanent injunction restraining the Defendants, their men, agents, servants etc, from in any manner telecasting, exhibiting and exploiting the song ''Dhandanaka Naka......Naka......'' in the media like You Tube, Sun Music or any other media without the consent of the plaintiff and directing the Defendants 1 to 7 jointly and severally pay to the Plaintiff a sum of Rs.1,00,00,000/- towards damages for infringement, used / misused the name, image, reputation and unique style of acting, and dialogues delivering style of the Plaintiff for composing the song and making the film namely ''Romeo Juliet'' without the consent of the Plaintiff and for costs.
For Plaintiff : Mr.P.Neethi Kumar for
For Defendants : M/s.Arun C.Mohan for D-4
The Plaintiff seeks permission to withdraw the suit. An endorsement has been made to the said effect. Accordingly, C.S.No.369 of 2015 is dismissed as withdrawn. There will be no order as to costs.
Sd./-S.K.R.J. 14.03.2022
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of
the Orders/Judgments/Decrees in this format.
T.Rajendar
Mr.Nandagopal
Mr.Lakshman
D.Iman Sound Factory
Mr.Aniruth
Mr.Rokesh
Senthi Kumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
