Plaintiff sought injunctions restraining ISPs and cable operators from infringing copyright in the cinematographic film 'Baby John'. Plaintiff instructed counsel to withdraw the suit with an endorsement; the suit was dismissed as withdrawn without costs and connected applications closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.263 of 2024
Reliance Industries Limited
Jio Studios (the Media And Entertainment Division Of Reliance Industries Limited Registered Address 3rd Flr, Maker Chambers Iv, 222 Nariman Point, Mumbai - 400 021. Branch Address A1 Tower, 5th Flr, No.89, Dr.Radha Krishnan Salai Mylapore, Chennai 04, Rep. By Its Poa Ms.Dipti Kishan Kotak, ... Plaintiff
-vs-
3. Bharti Airtel Limited
Bharti Crescent, 1, Nelson Mandela Road, VasantKunj, Phase II, New Delhi - 110 070
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5. Tata Communication Limited
Tower 4, 4th to 8th Floor, Equinox Business Park, LBS Marg, Kurla West Mumbai-400070
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 - 382 011.
8. Tata Teleservices Ltd,
10th Floor, Tower I, JeevanBharati, 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 Corpora, LBS Marg, Bhandup West, Mumbai - 400 078.
Plot No. 54, Marol Industrial Cooperative Area, Off. AndheriKurla Road, Andheri (East), Mumbai 400 059
2nd Floor, TIDEL PARK, No. 4, Canal Bank Road, Chennai -600 113.
13. Siti Broadband Services Pvt,Ltd
B - 10, Lawrence Road, Industrial Area, New Delhi North West DL 110033 IN
2nd and 3rd Floor, IQARA Centre, Near Gujarat Gas Circle, AdajanHazaria Road, Surat-395009
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2A, II floor, LeelaInfopark, Technopark Limited, Kazhakkoottam, Thiruvananthapuram, Kerala - 695581.
Galaxy, Plot no 7, Sakhthi Colony, RK Puram, Ganpathy, Coimbatore - 641006.
5-9-22, 3rd floor, My Home Sarovar Plaza, Secretariat Road, Saifabad, Hyderabad-500004
701, 7th Floor, Aditya Trade Center, Ameerpet, Hyderabad-500 038.
Pioneer Towers, 17th Floor, Plot No.16, Survey No.64, Software Unit Layout, APIIk, i-Tech City, Madhapur, Hyderabad- 500080
13th floor, 1305-06, Mohan Dev House, 13, Tolstoy Marg, New Delhi-110 001.
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Doshi Towers, First Floor, Old 156, New 205, Poonamalle High Road, Kilpauk, Chennai 600010.
Plot No. 21-22, 3rd Floor UdyogVihar, Phase IV, Gurgaon - 122 015.
1121, Hemkunt Chambers, 11th Floor, 89 Nehru Place New Delhi-110019 India
28. Five Network Solution (I) Ltd
A/301-303, Everest Grande, Mahakali Caves Road, Andheri East, Mumbai - 400 093.
No. 17 / 68, Chevalier Shivaji Ganesan Street New Colony, T. Nagar Chennai- 600017.
30. Action Lane
No 16, No 1A Kalpana Apartments, 1st Street, Above Padmanaba Nagar Electricity Board Adyar, Chennai - 600020
No 4 J Block, Near 6th Avenue, Anna Nagar East, Chennai - 600102,
old No. 284, New No. 204, ShanmugamSalai, Royapettah, Chennai - 600 014.
PRAYER : Civil Suit (Commercial Division) filed under Order VII Rule 1
Civil Procedure Code, 1908 And Order IV Rule 1 of O.S.Rules, 1956 Read
With Sections 51, 52, 55 and 62 of the Copyrights Act, 1957 and the
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Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts Act, 2015, praying 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 “Baby John” and said Work be directed to block all websites/web pages and future websites (including their prefix and suffix) and those Non-Complaint websites mentioned in Schedule-A hosting contents that relate to Plaintiff's copyright protected cinematographic film “Baby John” 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 “Baby John” 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 “Baby John” by copying,
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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 “Baby John” 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 “Baby John” 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.S.Deepak for M/s.P.K. LAW FIRM
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JUDGMENT
Learned counsel for the plaintiff submits that he has been instructed to withdraw the suit. An endorsement has been made for the said purpose.
24.02.2025
gbi Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
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SENTHILKUMAR RAMAMOORTHY,J
gbi
C.S.(Comm.Div.) No.263 of 2024
24.02.2025
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4 provisions across 4 enactments
Reliance Industries Limited (Jio Studios), rep. by its PoA Ms. Dipti Kishan Kotak
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd
Bharti Airtel Limited
Hathway Cable and Datacom Limited
Tata Communication Limited
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
