Allowed

A.Mohan Alse v. Anandam Academy

Madras HC8 Apr 2022CS/49/2006

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras decided a civil suit wherein the plaintiff, claiming assignment of satellite rights for the Telugu film BHAGIRTHA, sought declaration of ownership and perpetual injunction. The Court upheld the plaintiff's claim to absolute copyright ownership based on evidence of full payment and the first defendant's letter confirming rights. The suit was allowed and decree

What did the court decide?

Declaration of absolute copyright ownership in the film BHAGIRTHA for 25 years; permanent injunction restraining defendants from infringing such rights; no costs awarded to the plaintiff.

A.Mohan Alse Vs Anandam Academy — Intellectual Property | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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FRIDAY, THE 08th DAY OF APRIL 2022

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THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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C.S.No.49 of 2006

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A.Mohan Alse No.77, M.S.Koil Street, Royapuram, Chennai 600 013.

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... Plaintiff

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Vs.

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Anandam Academy, a partnership firm rep by its Partners. D.No.72, Plot No.87, Prasasam Nagar, Jubilee Hills, Hyderabad 33.

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Prasad Film Laboratories 58, Arunalachalam Road Saligramam, Chennai - 93.

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(*) 3. Nageswara Rao

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S/o.Late.Subba Rao, Hindu aged 50 years, residing at Plot No.14, Phase I, Kamalapurai Colony, Hyderabad 500 073.

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(*) [3^rd defendant impleaded as per orders of Court dated 15.03.2006 made in A.No.1200/2006]

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(**) 4. M/s.Prasad Film Laboratories Pvt. Ltd. L.V.Prasad Marg

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https://hcservices.ecourts.gov.in/hcservices/ Banjara Hills, Hyderabad - 34.

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(**) [4^th defendant impleaded as per orders of court

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dated 10.04.2006 made in A.No.1599/2006]

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(***) 5. A.Mallikarjuna S/o. Seniah, Hindu aged about 48 years, 6-3-661/1, Flat No.105, Rekha Towers, Street No.4, Sangeetha Nagar, Somajiguda, Hyderabad.

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(***) [5^th defendant impleaded as per orders dated 22.06.2007 made in A.No.3914/2007] ... Defendants

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Civil Suit praying that this Hon'ble Court be pleased to grant a judgement and decree against the defendants as follows:-

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a) For a declaration that the plaintiff is the absolute owner of the limited Copyright viz., the sole and exclusive rights of entire world satellite rights in all medias, performing rights, copying rights, archives, radio diffusion rights, airborne, seaborne, railborne rights, Internet rights, Web T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights, Broadcasting Service, Satellite T.V, Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on demand rights in the Telugu Talkie Picture titled BHAGIRTHA - Telugu starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period of 25 years from 31.08.2005.

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b) for a permanent injunction restraining the defendants, their men, https://hcservices.ecourts.gov.in/hcservices/ agents, officers, etc. from interfering or infringing the plaintiff's limited

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all medias, performing rights, copying rights, archives, radio diffusion rights, airborne, seaborne, railborne rights, Internet rights, Web T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights, Broadcasting Service, Satellite T.V, Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on demand rights in the Telugu Talkie Picture titled BHAGIRTHA – Telugu starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period of 25 years from 31.08.2005.

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c) directing the defendants to pay the costs of the suit.

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This Suit coming on this day before this Court for hearing in the presence of Mr.C.Ramesh, Advocate for the plaintiff herein and 2nd defendant herein having not appeared in person or by advocate and the defendants 1, 3 to 5 herein having been set exparte and upon reading the plaint filed herein and the other exhibits therein referred to and upon perusing the evidence adduced therein and this Court having observed that especially in the letter dated 24.10.2005, the 1^st defendant themselves have admitted the receipt of the payment Rs.50,00,000/- from the plaintiff and

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https://hcservices.ecourts.gov.in/hcservices/ confirmed the rights over the film in favour of the plaintiff, in view of the

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same, it is clear that the plaintiff is the absolute copyright owner of the film

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“BHAGIRTHA” all over the world, the agreement made between the parties for a period of 25 years from 31.08.2005 is still in subsistence, hence, this Court is of the view that the defendants have no right to claim copyright of the said film till the completion of the period as per the agreement i.e. till

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30.08.2030, it is ordered and decreed as follows:-

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That A.Mohan Alse, the plaintiff herein, be and is hereby declared as the absolute owner of the limited copy right viz., the sole and exclusive rights of entire world satellite rights in all medias, performing rights, copying rights, archives, radio diffusion rights, airborne, seaborne, railborne rights, Internet rights, Web T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights, Broadcasting Service, Satellite T.V, Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on demand rights in the Telugu Talkie Picture titled BHAGIRTHA - Telugu starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period of 25 years from 31.08.2005.

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That (1) Anandam Academy, a Partnership firm rep.by its partners, 2. Prasad Film Laboratories 3. Nageswara Rao 4. M/s.Prasad Film Laboratories Pvt. Ltd. and 5. A.Mallikarjuna, the defendants herein, be and

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are hereby restrained by an order of permanent injunction from interfering https://hcservices.ecourts.gov.in/hcservices/ or infringing the plaintiff's limited copyright viz., the sole and exclusive

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rights of entire world satellite rights in all medias, performing rights,

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copying rights, archives, radio diffusion rights, airborne, seaborne, railborne

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rights, Internet rights, Web T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights, Broadcasting Service, Satellite T.V, Satellite Radio Broadcast, Cable T.V, Direct to Home Service,

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Video on demand rights in the Telugu Talkie Picture titled BHAGIRTHA –

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Telugu starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period of 25 years from 31.08.2005.

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That there shall be no costs of this suit.

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WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 08th DAY OF APRIL 2022.

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Sd./-

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ASSISTANT REGISTRAR (O.S-I)

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//Certified to be true copy//

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Dated at Madras this the day of 2022.

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

20.04.2022

C.S.No.49 of 2006

DECREE:-

DATED : 08.04.2022

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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FOR APPROVAL: 21.4.2022

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APPROVED ON : 21.4.2022

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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 : 08.04.2022

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CORAM

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THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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C.S.No.49 of 2006

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A.Mohan Alse ... Plaintiff

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Vs.

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Anandam Academy, a partnership firm rep by its Partners.

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Prasad Film Laboratories 58, Arunalachalam Road Saligramam, Chennai - 93.

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Nageswara Rao

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[3^rd defendant impleaded as per orders dated 15.03.2006 made in A.No.1200/2006]

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M/s.Prasad Film Laboratories Pvt. Ltd. L.V.Prasad Marg Banjara Hills, Hyderabad - 34.

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[4^th defendant impleaded as per orders dated 10.04.2006 made in A.No.1599/2006]

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A.Mallikarjuna

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[5^th defendant impleaded as per orders dated 22.06.2007 made in A.No.3914/2007] ... Defendants

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

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Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII

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Rule 1 of CPC and Sections 55 & 62 of the Copyright Act 1957, praying for

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a judgment and decree as follows :

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a) for a declaration that the plaintiff is the absolute owner of the limited Copyright viz., the sole and exclusive rights of entire world satellite rights in all medias, performing rights, copying rights, archives, radio diffusion rights, airborne, seaborne, railborne rights, Internet rights, Web T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights, Broadcasting Service, Satellite T.V, Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on demand rights in the Telugu Talkie Picture titled BHAGIRTHA - Telugu starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period of 25 years from 31.08.2005.

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https://hcservices.ecourts.gov.in/hcservices/ T.V, All Doordharshan Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights, Broadcasting Service, Satellite T.V, Satellite Radio

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Broadcast, Cable T.V, Direct to Home Service, Video on demand rights in the Telugu Talkie Picture titled BHAGIRTHA – Telugu starring Ravi Teja,

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Shreya etc and directed by Rasool Elora for a period of 25 years from 31.08.2005.

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c) directing the defendants to pay the costs of the suit.

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For Plaintiff : Mr.C.Ramesh

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For D1, D3, D4 & D5 : Set Exparte on 23.12.2021

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For D2 : No Appearance

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JUDGMENT

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The suit is filed by the plaintiff seeking the following reliefs :

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rights in the Telugu Talkie Picture titled BHAGIRTHA - Telugu starring https://hcservices.ecourts.gov.in/hcservices/

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Ravi Teja, Shreya etc and directed by Rasool Elora for a period of 25 years

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from 31.08.2005.

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b) for a permanent injunction restraining the defendants, their men, agents, officers, etc. from interfering or infringing the plaintiff's limited copyright viz., the sole and exclusive rights of entire world satellite rights in all medias, performing rights, copying rights, archives, radio diffusion rights, airborne, seaborne, railborne rights, Internet rights, Web T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights, Broadcasting Service, Satellite T.V, Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on demand rights in the Telugu Talkie Picture titled BHAGIRTHA – Telugu starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period of 25 years from 31.08.2005.

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c) for a direction that the defendants to pay the costs of the suit.

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The brief facts of the case as averred in the plaint are as follows:

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i) The plaintiff is carrying on business as distributor of motion pictures in all gauges. The 1^st defendant as producer and negative rights holder of the Telugu Talkie Picture titled BHAGIRTHA - Telugu starring Ravi Teja, Shreya etc and directed by Rasool Elora assigned the sole and exclusive rights of entire world satellite rights in all medias, performing

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rights, copying rights, archives, radio diffusion rights, airborne, seaborne, https://hcservices.ecourts.gov.in/hcservices/ railborne rights, Internet rights, Web T.V, Pay T.V, All Doordharshan

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

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Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights, Broadcasting Service, Satellite T.V, Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on demand rights under an Agreement dated 31.08.2005 to the plaintiff for a total consideration of Rs.50,00,000/- for a period of 25 years.

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ii) The plaintiff paid a sum of Rs.20,00,000/- by Demand Draft bearing No.152383 dated 31.08.2005 drawn on HDFC Bank, payable at Hyderabad and Rs.5,00,000/- by Demand Draft bearing No.872186 dated 06.09.2005 drawn on Andhra Bank as per the terms of the agreement. The balance amount of Rs.25,00,000/- is payable only on receipt of a letter from the Laboratory confirming the rights that are assigned in favour of the plaintiff. However, the plaintiff at request of the defendant paid the sum of Rs.25,00,000/- by Demand Draft bearing No.005116 dated 10.10.2005 drawn on HDFC Bank, payable at Hyderabad on the specific assurance that the letter from the Laboratory will be handed over soon. The 1^st defendant by his letter dated 24.10.2005 acknowledged receipt of the entire consideration full and further undertook to handover the Laboratory letter on or before 01.11.2005. Thus, the plaintiff has validly acquired the said rights for a period of 25 years from 31.08.2005.

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iii) The plaintiff has been awaiting the letter from the laboratory https://hcservices.ecourts.gov.in/hcservices/ confirming the rights in his favour through the 1^st defendant. However, the

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1^st defendant has been evading to keep up their commitment which compelled the plaintiff to issue a notice through his Advocate on 30.11.2005 calling upon the 1^st defendant to handover the letter. Despite receipt of the said notice, there is no response from the 1^st defendant. In the meanwhile, some third parties in the film market have made a claim that the rights which are already been assigned to the plaintiff is vested with them, which is not only illegal but also in infringement of the plaintiff's limited Copyright. Hence, the above suit was filed before this Court.

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Heard the learned counsel for the plaintiff and perused the materials available on record.

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On perusal of the records, it is seen that the plaintiff had entered into an agreement with the 1^st defendant on 31.08.2005 for the Assignment of Satellite Rights of the Film “BHAGIRTHA” for a total consideration of Rs.50,00,000/- for a period of 25 years. As per the agreement, the plaintiff has paid the entire consideration of Rs.50,00,000/- for the said assignment. In spite of the same, 1^st defendant has not assigned the rights of the film in favour of the plaintiff. Hence, the present suit.

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On going through the typed set of papers, especially in the letter dated 24.10.2005, the 1^st defendant themselves have admitted the receipt of

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the payment Rs.50,00,000/- from the plaintiff and confirmed the rights over

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

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the film in favour of the plaintiff. In view of the same, it is clear that the

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plaintiff is the absolute copyright owner of the film “BHAGIRTHA” all

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over the world. Further, the agreement made between the parties for a period of 25 years from 31.08.2005 is still in subsistence. Hence, this Court is of the view that the defendants have no right to claim copyright of the said film till the completion of the period as per the agreement i.e. till 30.08.2030.

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Accordingly, this Civil Suit is allowed and decreed as prayed for.

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No costs.

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08.04.2022

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Dated at Madras this the day of 2022.

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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/

A.Mohan Alse v. Anandam Academy

Case brief

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A.Mohan Alse v. Anandam Academy

Case brief

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