The plaintiff filed a civil suit for permanent injunction restraining defendants from infringing copyright in the film 'Golgappe'. The court granted leave to withdraw the suit and dismissed it as withdrawn based on the plaintiff's application.
The suit was dismissed as withdrawn; no costs awarded.
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.(Comm.Div).No.39 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.S.(Comm.Div).No.39 of 2023 and
OA.Nos.135 & 136 of 2023
Zee Entertainment Enterprises Limited 18th Floor, A Wing, Marathona Futurex N.M.Joshi Marg, Lower Parel Mumbai 400 013 and also branch office at No.33B, Olympia Platina, 2 nd Floor SIDCO, Industries Estate, Chennai 600 032. Represented by its Power Agent Mr.Akshay Mahadik ... Plaintiff
Vs.
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17.Data Infosys Limited Station Road, Durgapura Jaipur 302 218.
19.Opto Network Private Limited B-86, Sector 14 Noida 201 301 Uttar Pradesh, India
20.Nettlinx Limited 5-9-22, 3 rd Floor My Home Sarovar Plaza Secretariat Road, Saifabad Hyderabad 500 004.
21.City Online Services Limited 701, 7 th Floor Aditya Trade Center, Ameerpet Hyderabad 500 038.
22.Pioneer eLabs Limited Pioneer Towers, 17 th Floor Plot No.16, Survey No.64 Software Unit Layout APIIK, i-Tech City, Madhapur Hyderabad 500 080.
23.AT&T Global Networks Service India Pvt.Ltd 13 th Floor, 1305-06, Mohan Dev House 13, Tolstoy Marg, New Delhi 110 001.
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31.EsselShyam Communications Ltd 1121, Hemkunt Chambers, 11 th Floor 89 Nehru Place New Delhi 110 019 India
...Defendants
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Prayer: This Civil Suit is filed under Order VII Rule 1 of the Code of Civil Procedure, 1908, and Order IV Rule 1 of O.S.Rules, 1956 r/w Sections 51, 52, 55 and 62 of the Copy Right Act, 1957 and the Copy Right (Amendment) Act, 2012 and Section 7 of the Commercial Courts Act, 2015- Suit for Permanent Injunction for the Infringement of Copy Right, praying to pass the judgment and decree:-
a) A permanent injunction restraining the defendants 1 to 33 from infringing the cinematographic film “Golgappe” and said work be directed to block all websites/web pages and future websites (including their prefix and suffix) and those Non-Complaint websites mentioned in ScheduleA hosting contents that relate to plaintiff's copyright protected cinematographic film “Golgappe” in any manner, thereby restraining the unauthorised copying, transmission, communication or make available 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 34-37 from infringing the cinematographic film “Glogappe” by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anymore claiming through them or under them from infringing the plaintiff's coyprighted cinematographic film “Golgappe” by copying, recording, reproducing or allowing Cam cording or
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C.S.(Comm.Div).No.39 of 2023
allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading exhibiting or playing and/or in any manner whatsoever from communicating the cinematographic film “Golgappe” and said work without a proper license from the plaintiff or in any other manner which would violate /infringe the plaintiff's copyrighted cinematographic film “Golgappe” through different mediums including but not limited to CD, DVD, Blu-ray disc, VCD, cable TV, direct 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;
c) for costs of the suit;
For Plaintiff : Mr.S.Deepak For Defendants : Mr.A.M.Venkata Krishnan for D2 : Mr.A.M.AmuthaGanesan for D9
ORDER
The learned counsel for the plaintiff made an endorsement
seeking leave of this Court to withdraw the suit. Leave is granted. Accordingly, the suit is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed.
20.04.2023
Index : Yes / No Internet : Yes / No dna
S.SOUNTHAR , J.
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dna
C.S.(Comm.Div).No.39 of 2023 and OA.Nos.135 & 136 of 2023
20.04.2023
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1 issue framed by the court
Whether leave to withdraw the suit for permanent injunction regarding copyright infringement of the film 'Golgappe' is granted.
3 provisions across 3 enactments
S.SountR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
