The commercial court dismissed a suit filed under the Copyright Act, 1957, and Commercial Courts Act, 2015, seeking injunctions against multiple respondents for copyright infringement, as the plaintiff voluntarily withdrew the suit with the court's permission.
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.192 of 2024
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 21.12.2024
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.S.(Comm.Div.) No.192 of 2024
Vasavi Enterprises No. 267, 8th Main Road, Basa Veshwarnagar Bangalore, Karnataka 560079 Also a branch office at: No. 187, Anna Salai Mount Road, Chennai 600001 Rep. by its Partner Mr. Uday K Mehta ...Plaintiff
Vs
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802, 8th fl?or, Interface-11, Link Road, Malad West, Mumbai, Maharashtra 400 064
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No. 4, Canal Bank Road, Chennai 600 113.
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Plot No. 16, Survey No.64, Software Unit Layout, APIlk, i-Tech City, Madhapur, Hyderabad: 500080.
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...Defendants
Prayer: This suit is filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of CPC read with Sections 51, 52, 55 and 62 of the Copyright Act, 1957, and Section 7 of the Commercial Courts Act, 2015, seeking for
a) permanent injunction restraining the Defendants 1 to 29 from infringing the cinematographic film "MARTIN" 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
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Schedule-A hosting contents that relate to Plaintiff's copyright protected cinematographic film "MARTIN" in any manner, thereby restraining the unauthorised copying, transmission, communication or make available or display or release 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) permanent injunction restraining the Defendants 30 to 33 or any other person or entity from infringing the cinematographic film "MARTIN" 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 "MARTIN" by copying, recording, reproducing or allowing cam-cording 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 "MARTIN" 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 "MARTIN" 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; and
c. costs of the suit.
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For Plaintiff : Mr.T.Pandiyan for M/s.P.K.Law Firm For D3 : Mr.P.J.Rishikesh For D8 : Mr.A.M.Amutha Ganesh
JUDGMENT
The learned counsel for the plaintiff seeks permission of this Court
to withdraw the suit. He has also made an endorsement to that effect in the court bundle. Recording the said endorsement, the suit is dismissed as withdrawn. No Costs. Connected applications are closed.
21.12.2024
rkm
ABDUL QUDDHOSE,J.
rkm
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C.S.(Comm.Div.) No.192 of 2024
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3 provisions across 3 enactments
Vasavi Enterprises No. 267
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd
Bharti Airtel Limited
Hathway Cable & Datacom Limited
Tata Communication Limited
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
