A transfer petition challenging copyright registration was dismissed for non-prosecution after the petitioner remained unrepresented at the final hearing. No substantive decision on merits was rendered.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(CR)/2/2023
(ORA/SR.11/2019/CR/CHN)
M/s.Purva Metal Sections Pvt Ltd., Represented by its Director Shri.Lalit Kumar Purva "Shiv Sadan", No.193 Outer Ring Road B-Narayanapura, Bangalore 560 016. ... Petitioner
-vs-
1.M/s.Geekay Tubes Represented by its Proprietor K.Boopathi S/o.G.Kesavalu Naidu No.12, Second Floor, Third Cross, Kalasipalayam New Extension Bangalore 560 002.
2.The Registrar of Copyrights, Copyright Office Boudhik Sampada Bhavan Plot No.32 Dwarka - Sector 14 New Delhi 110 078.
... Respondents
PRAYER: Transfer Original Petition (Copyrights) filed under Section
50 of the Copyright Act, 1957, praying to expunge the entry No.A-
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71223/2005 and any other entry / entries remaining in the name of
the above respondent or his father from the Register of Copyright immediately and that all copyright certificates granted in favour of the respondent or his father be re-called and cancelled and that it ought to be declared that the respondent or his father is not the author of Artistic design of 177 mm outer dimension Mild Steel Tubes or any other designs covered by the impugned registration of the respondent of his father and award punitive cost.
For Respondent 2 : Mr.S.Janarthanam, SPC
ORDER
The bailiff's report records that the petitioner was served notice
and also appears the acknowledgment of a Director of the petitioner for receipt of notice on 03.10.2023. At the hearing on 11.10.2023, Mr.B.Ram Prasad, learned counsel, entered appearance on behalf of
the petitioner and took time to file the vakalat. Since he was not
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present at the hearing on 08.11.2023, the case was listed under the caption "for dismissal" today. The petitioner remains unrepresented at today's hearing.
prosecution without any order as to costs.
17.11.2023
rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
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SENTHILKUMAR RAMAMOORTHY,J
rna
(T)OP(CR)/2/2023 (ORA/SR.11/2019/CR/CHN)
17.11.2023
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M/s. Purva Metal Sections Pvt Ltd.
M/s. Geekay Tubes
The Registrar of Copyrights
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
