Dismissed

K.Gangadharan v. Mr.P.Ramesh Varma @ Ramesh Varma Penmatsa

Madras HC20 Oct 2023C.S(COMM DIV)/34/2022

Case brief

AI extract

What is this about?

The Commercial Division of the Madras High Court dismissed a copyright infringement suit filed by K. Gangadharan for non-prosecution as the plaintiff failed to appear in court during the listing for dismissal and on prior hearing dates, resulting in the closure of the connected application.

What did the court decide?

Suit dismissed for non-prosecution; connected application closed. No costs.

K.Gangadharan Vs Mr.P.Ramesh Varma @ Ramesh… — Contract and Commercial Disputes | Madras HC (2023)

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C.S. (COMM.DIV.) No.34 of 2022 and A. No.749 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 20.10.2023

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CORAM

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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C.S. (COMM.DIV.) No.34 of 2022 and A. No.749 of 2022

K.Gangadharan

.. Plaintiff

/versus/

1.P.Ramesh Varma @ Ramesh Varma Penmatsa

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2.Jayanthilal Gada

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(2nd defendant deleted as per order dated 25.04.2022 in Appln.No.1512 of 2022)

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3.Sathyanarayana Koneru

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4.M/s.Star India Pvt. Ltd., rep. by its Company Secretary

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5.M/s.Novi Digital Entertainment Pvt. Ltd., rep. by its Company Secretary

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6.M/s.Star India Pvt. Limited, rep. by its Company Secretary .. Defendants

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Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of the Original Side Rules of the High Court read with Section 2(1)(C)(XVII) of the Commercial Courts, Commercial Division and Commercial Appellate Division of https://www.mhc.tn.gov.in/judis 1/4

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C.S. (COMM.DIV.) No.34 of 2022 and A. No.749 of 2022

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High Courts Act of 2018 and Section 13(6), 54, 55-62 of the Copy Right Act of 1957 to pass a judgment and decree in favour of the plaintiff:

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a)by declaring that the Telugu Feature Film 'Khiladi' starring Ravi Teja, Music by Devi Sri Prasad and directed by the first defendant is the infringing copy of the Tamil Feature Film 'Sathuranga Vettai-2', the plaintiff being the Copyright holder and for a consequential relief of permanent injunction restraining the defendants, their men, agents, servants, subordinates, successors in interest or anyone claiming under them from in any manner releasing/distributing/exhibiting or exploting the Telugu feature film 'Khiladi' starring Ravi Teja, Music by Devi Sri Prasad and directed by the first defendant in any of the Internet, OTT Platforms, You Tube or other broadcasting or Television Channels in respect of the Copyrights belonging to the plaintiff in respect of the film 'Sathuranga Vettai-2' including the overseas universal rights which are more fully described in the schedule of property;

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b)for relief of permanent injunction forbearing the defendants, their men, agents, servants, subordinates, successors in interest or any one acting under them from in any manner transferring, encumbering the non theatrical rights of the Telugu Feature film 'Khiladi' which have been more fully described in the schedule hereunder.

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For Plaintiff : No appearance

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For Defendants : Mr.Rahul Balaji for D4 and D5

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https://www.mhc.tn.gov.in/judis

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2/4

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C.S. (COMM.DIV.) No.34 of 2022 and A. No.749 of 2022

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J U D G M E N T

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The matter is listed under the caption 'for dismissal' today. There is

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no representation on the side of the plaintiff once again. Even on the last hearing date, i.e. 12.10.2023, there was no representation on the side of the plaintiff. As seen from the earlier proceedings also, even on 05.10.2023, there was no representation on the side of the plaintiff. It can now be inferred that the plaintiff is not interested in prosecuting this Suit. Accordingly, this suit is dismissed for non prosecution. Consequently, connected Application stands closed. No costs.

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20.10.2023

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vga

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https://www.mhc.tn.gov.in/judis

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3/4

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C.S. (COMM.DIV.) No.34 of 2022 and A. No.749 of 2022

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ABDUL QUDDHOSE, J.

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vga

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C.S. (COMM.DIV.) No.34 of 2022 and A. No.749 of 2022

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20.10.2023

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https://www.mhc.tn.gov.in/judis

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K.Gangadharan v. Mr.P.Ramesh Varma @ Ramesh Varma Penmatsa

Case brief

What is this about?

What did the court decide?

K.Gangadharan v. Mr.P.Ramesh Varma @ Ramesh Varma Penmatsa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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