Copyright suit seeking injunctions against ISPs and others over the cinematographic film 'Maidaan' was withdrawn by the plaintiff with an endorsement; the court dismissed the suit as withdrawn and closed connected applications without costs.
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.86 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
C.S. (Comm. Div.) No.86 of 2024 and O.A.Nos.296 and 297 of 2024
Zee Entertainment Enterprises Limited 18th Floor, A Wing, Marathon Futurex N.M.Joshi Marg, Lower Parel Mumbai - 400 013 and also branch office at No.33B, Olympia Platina, 2nd Floor, SIDCO Industrial estate Channai - 600 032 Represented by its Power Agent Mr.Akshay Mahadik ... Plaintiff Vs.
1/10
C.S. (Comm. Div.) No.86 of 2024
Bharti Crescent, 1, Nelson Mandela Road Vasant Kunj, Phase II, New Delhi - 110 070
Vsb, Mahatma Gandhi Road, Fort Mumbai Maharastra-400 001
Suman Tower, Plot No.18 Sector-11, Gandhinagar, Gujarat - 382 011
Suman Tower, Plot No.18 Sector 11, Gandhinagar, Gujarat - 382 011
10th Floor, Tower I, Jeevan Bharati 124 Connaught Circus, New Delhi- 110 001
202, 2nd Floor, Sahajanand Shopping Centre, Opp. Swaminarayan Temple Shahibaugh, Ahmedabad - 380004
C.S. (Comm. Div.) No.86 of 2024
LBS Marg, Bhandup (West), Mumbai - 400 078
Off. Andheri Kurla Road, Andheri (East), Mumbai-400 059
Near Gujarat Gas Circle, Adajan-Hazaria Road, Surat- 395 009
3/10
C.S. (Comm. Div.) No.86 of 2024
5-9-22, 3rd floor, My Home Sarovar Plaza,
C.S. (Comm. Div.) No.86 of 2024
No.16, No.1A Kalpana Apartments, 1st Street, Above Padmanaba Nagar Electricity Board, Adyar, Chennai-600 020
No.4, J Block, Near 6th Avenue, Anna Nagar East, Chennai -600 102
5/10
C.S. (Comm. Div.) No.86 of 2024
33.Thamizhaga Cable TV Communication Pvt. Ltd. No.9 A/5, Club Road, Near Mittai Shop, Chetpet, Chennai-600 031
...Defendants
Prayer : This Civil Suit filed under Order VII Rule 1 of Civil Procedure Code, 1908 and Order IV Rule 1 of O.S. Rules, 1956 read with Sections, 51, 52, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts Act 2015, praying to pass judgment and decree on the following terms;
(a) A permanent injunction restraining the
defendants 1 to 29 from infringing the cinematographic film "Maidaan" and said work be directed to bock all webstites/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 "Maidaan" in any manner, thereby restraining the
C.S. (Comm. Div.) No.86 of 2024
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 websties/webpages in writing;
b. A permanent injunction restraining the defendants 30-33 or any other person or entity from infringing the cinematographic film ""Maidaan" 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 "Maidaan" 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
C.S. (Comm. Div.) No.86 of 2024
cinematographic film "Maidaan" 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 "Maidaan" 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.T.Pandiyan For Defendants 1, 2, 4, 8, 13, 16, 21, 25 and 27 : Service awaited For Defendants 6, 20 and 28 : Unserved For 3rd Defendant : Mr.P.J.Rishikesh For Defendants 5, 7, 9 to 12, 14, 15 17 to 19, 22, 23, 24, 26, 29 to 33 : Served
C.S. (Comm. Div.) No.86 of 2024
JUDGMENT
Today (05.07.2024), when the matter is taken up for hearing, the
learned counsel for the plaintiff seeks permission of this Court to withdraw
this Suit and he has also made an endorsement to that effect.
counsel for the plaintiff on record, this Suit is dismissed as withdrawan. Consequently, connected applications are closed. No costs.
05.07.2024
Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2
C.S. (Comm. Div.) No.86 of 2024
P.VELMURUGAN. J.
Ksa-2
C.S. (Comm. Div.) No.86 of 2024
05.07.2024
2 provisions across 2 enactments
Zee Entertainment Enterprises Limited
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd.
Bharti Airtel Limited
Hathway Cable & Datacom Limited
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
