Plaintiff filed a suit for permanent injunction against 29 defendants for copyright infringement of the film 'KILL'. The plaintiff applied to withdraw the suit rather than pursue the case further.
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. 114 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
C.S.(Comm.Div.) No. 114 of 2024 and O.A. Nos. 443 and 444 of 2024
Dharma Productions Pvt. Ltd. 201 & 202, II Floor, Supreme Chambers Off Veera Desai Road, 17/18 Shah Industrial Estate Andheri (W), Mumbai - 40053, India Branch Office at: No.225, Opposite Spencers Plaza Anna Salai, Chennai, Tamil Nadu-600002 Represented by its Authorized Signatory Mrs.Rakhee Bajpai .... Plaintiff
-vs-
1. Bharat Sanchar Nigam Limited Bharat Sanchar Bhavan Harish Chandra Mathur Lane Janpath, New Delhi-110001.
2. Mahanagar Telephone Nigam Ltd. 5th Floor Mahanagar Door Sanchar Sadan
3. Bharti Airel Limited Bharti Crecent, 1, Nelson Mandela Road VasantKunj, Phase II, New Delhi-110070.
4. Hathway Cable & Datacom Limited 802, 8th Floor, Interface-11 Link Road, Malad West
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Mumbai, Maharashtra - 400064.
5. Tata Communication Limited Vsb, Mahatma Gandhi Road For Mumbai Maharastra - 400001.
6. Vodafone India Limited Suman Tower, Plot No.18 Sector - 11, Gandhinagar Gujarat - 382011.
7. Idea Cellular Limited Suman Tower, Plot No.18 Sector 11, Gandhinagar Gujarat - 382011.
8. Tata Teleservices Ltd. 10th Floor, Tower I, Jeevan Bharati 124, Connaught Circus New Delhi - 110001.
9. GTPL Hathway Ltd. 202, 2nd Floor, Sahajanand Shopping Centre, Opp.Swaminarayan Temple Shahibaugh, Ahmedabad - 380004.
10. Tikona Digital Networks Private Limited Office 3A, 3rd Floor, LBS Marg Bhandup(West) Mumbai - 400078.
11. BG Broadband India Private Limited Plot No. 54, Marol Industrial Cooperative Area Off. AndheriKurla Road Andheri(East), Mumbai - 400059.
12. Sify Technologies Limited 2nd Floor, ''TIDEL PARK''
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No.4, Canal Bank Road Chennai - 600113.
13. Siti Broadband Services Pvt. Ltd. B-10, Lawrence Road, Industrial Area New Delhi North West DL 110033 IN.
14. You Broadband & Cable India Ltd. 2nd and 3rd Floor, IQARA Cetre Near Gujarat Gas Circle Adajan - Hazaria Road Surat - 395009.
15. Asianet Satellite Communications 2A, II Floor, LeelaInfopark Technopark Limited, Kazhakkoottam Thiruvananthapuram, Kerala-695581.
16. Data Infosys Limited Station Road, Durgapura Jaipur - 302018
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C.S.(Comm.Div.) No. 114 of 2024
New Delhi-110019, India.
...Defendants
PRAYER : This Suit has been filed under Order VII Rule 1 of Code of Civil Procedure read with Order IV Rule 1 of High Court of O.S. Rules and Sections 51, 52, 55 and 62 of the Copyright Act, 1957 and the
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C.S.(Comm.Div.) No. 114 of 2024
Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts Act, 2015 to grant a judgment and decree on the following terms:a. A permanent injunction restraining the Defendants 1 to 29 from infringing the cinematographic film “KILL” and said Work be directed to block all websites/web pages and future websites (including their prefix and suffix) and those Non-Compliant websites mentioned in Schedule-A hosting contents that relate to Plaintiff’s copyright protected cinematographic film “KILL” 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/web pages in writing;
b. A permanent injunction restraining the Defendants 30 - 33 or any other person or entity from infringing the cinematographic film “KILL” by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the Plaintiff’s copyrighted cinematographic film “KILL” by copying, recording, reproducing or allowing camcording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or playing and/or in any manner whatsoever from communicating the cinematographic film “KILL” 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 “KILL”
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through different mediums including but not limited to CD, DVD, Bluray 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; and
d. pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thereby render justice.
For Plaintiff : Mr.S.Deepak
For Defendants : Mr.A.M.Amutha Ganesh (D8)
Mr.P.J.Rishkesh (D3)
Notice served on D1,D4,D5,D9, D11 to D13, D15, D17 to D19, D21 to D26, D28 to 33
Notice unserved on D10, D16, D20
Service Awaited on D2, D6, D7, D14, D27
JUDGMENT
Today, when the matter was taken up for hearing, the learned
counsel appearing for the plaintiff sought permission of this Court to withdraw the Civil Suit and had also made an endorsement to that effect
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in the Court bundle.
21.10.2024
Index :Yes/No
Maya
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K.KUMARESH BABU, J.
Maya
C.S.(Comm.Div.) No. 114 of 2024
21.10.2024
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K. Kumareth Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
