Dismissed
hiranyagarbha manoranjan LLP. v. Bharat Sanchar Nigam Limited and 32 others
Madras HCC.S(COMM DIV)/89/2024
Case brief
from the order text
What is this about?
2024 IN THE HIGH COURT OF JUDICATURE AT…
What the court decided
AI extract
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.89 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2024
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.89 of 2024 &
O.A.Nos.342 & 343 of 2024
Hiranyagarbha Manoranjan LLP Office at: 601A Wing,Rustomjee Ela, (near inorbit mall) off link road Nza Chs, Chincholi Bunder, Malad West, Mumbai, Maharashtra, India, 400 064 BranchOffice at: No.192, Ground Floor, Kurumuthu Nilayam, Anna Salai, Express Estate, Royapettah, Chennai, Tamil Nadu 600 002 Represented by its Authorised Signatory Ms.Madhugandha M.Kulkarni ... Plaintiff
-vs-
C.S.(Comm.Div.) No.89 of 2024
2/10
C.S.(Comm.Div.) No.89 of 2024
3/10
C.S.(Comm.Div.) No.89 of 2024
Galaxy, Plot No.7, Sakhthi Colony, RK Puram, Ganpathy, Coimbatore-641 006.
4/10
C.S.(Comm.Div.) No.89 of 2024
No.16, No.1A Kalpana Apartments, 1st Street, Above Padmanaba Nagar Electricity Board Adyar, Chennai-600 020.
5/10
C.S.(Comm.Div.) No.89 of 2024
No.4 J Block, Near 6th Avenue, Anna Nagar East, Chennai-600 102.
PRAYER : Civil Suit (Commercial Division) filed under Order VII Rule 1 of CPC, 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, prays for a judgment and decree as against the Defendants herein:
(a) A permanent injunction restraining the Defendants 1 to 29 or any other person or entity from infringing the cnematographic film “ Naach Ga Ghuma ” 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
6/10
C.S.(Comm.Div.) No.89 of 2024
hosting contents that relate to Plaintiff's copyright protected cinematographic film “ Naach Ga Ghuma ” 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/webpages in writing ;
(b) A permanent injunction restraining the Defendants 30-33 or any other person or entity from infringing the cinematographic film
“ Naach Ga Ghuma ” 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 “ Naach Ga Ghuma ” 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
7/10
C.S.(Comm.Div.) No.89 of 2024
whatsoever from communicating the cinematographic film “ Naach Ga Ghuma ” 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 “ Naach Ga Ghuma ” 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) for costs of the suit.
For Plaintiff : Mr.T.Pandian for M/s.P.K.Law Firm For Defendants : M/s.P.J.Rishikesh for D3 M/s.A.M.Amutha Ganesh for D8 Notice served on D1, D5 to D10, D12 to D15, D17 to D19, D21 to D26, D29 to D33 Unserved on D4, D11, D16, D20 & D28 Service awaited : D2 & D27 **********
JUDGMENT
Learned counsel for the plaintiff submits that he has been instructed to withdraw the suit. He has made an endorsement for
8/10
C.S.(Comm.Div.) No.89 of 2024
withdrawal.
12.08.2024
Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No
kal
SENTHILKUMAR RAMAMOORTHY,J
kal
9/10
C.S.(Comm.Div.) No.89 of 2024
C.S.(Comm.Div.) No.89 of 2024
& O.A.Nos.342 & 343 of 2024
12.08.2024
10/10
Hiranyagarbha Manoranjan LLP
Bharat Sanchar Nigam Limited
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court