Copyright infringement suit concerning the cinematographic film 'Vithaikkaaran' against internet service providers and cable operators was withdrawn by the plaintiff with an endorsement. The Court dismissed the suit as withdrawn, with no costs, and closed the connected applications.
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.37 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.03.2024
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. (COMM.DIV.) No.37 of 2024 and O.A. Nos.126 & 127 of 2024
Vijaypandi
.. Plaintiff
/versus/
10.AT & T Global Network Service India Pvt. Ltd.
1/5
C.S. (COMM.DIV.) No.37 of 2024
11.Peak Air Pvt. Ltd.
12.Knet Solutions Pvt. Ltd. (Cherrinet)
23.C32 Cable Net Pvt. Ltd.
24.Team 5 Network
25.SND Satellite Vision
26.Starvision Cable TV Network .. Defendants
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of Civil Procedure, 1908 and Order IV Rule 1 of the Original Side Rules, 1956 read with Sections 51, 52, 55, 61(1) & 62 of the Copyright Act,
2/5
C.S. (COMM.DIV.) No.37 of 2024
1957 and the Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts Act, Commercial Division - Suit for Permanent Injunction for the infringement of Copyright to grant a judgment and decree on the following terms:
a)A permanent injunction restraining the Defendants 1 to 20 and other known and unknown persons/entities from infringing the cinematographic film "VITHAIKKAARAN" and said Work be directed to block all websites/web pages including websites mentioned in Schedule hosting contents that relate to Plaintiff's copyright protected cinematographic film "VITHAIKKAARAN" 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 21-26 from infringing the cinematographic film "VITHAIKKAARAN" 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 "VITHAIKKAARAN" 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
3/5
C.S. (COMM.DIV.) No.37 of 2024
ABDUL QUDDHOSE, J.
vga
communicating the cinematographic film "VITHAIKKAARAN" 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 "VITHAIKKAARAN" 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.Vijayan Subramanian
J U D G M E N T
Learned counsel for the plaintiff seeks permission of this Court to withdraw this suit. He has also made an endorsement to that effect in the Court bundle. Accordingly, this suit is dismissed as withdrawn. No costs. Consequently, connected applications are closed.
27.03.2024
vga
4/5
C.S. (COMM.DIV.) No.37 of 2024
C.S. (COMM.DIV.) No.37 of 2024 and O.A. Nos.126 & 127 of 2024
5/5
Vijaypandi
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd.
Bharti Airtel Limited
Vodafone Idea Limited
Tikona Digital Networks Private Limited
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
