Copyright suit seeking injunctions against internet service providers and others over alleged infringement of the cinematographic film 'The Diplomat'. Counsel for the plaintiff instructed to withdraw the suit; it was dismissed as withdrawn without costs and connected applications closed.
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C.S.(Comm.Div.) No.72 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.72 of 2025 and O.A.Nos.260 & 261 of 2025
Super Cassettes Industries Pvt. Ltd. Plot No.B-14, T-Towers, Opp. Citi Mall, New Link Road, Andheri (W), Mumbai – 400 053 Also a branch office at No101, Santhome High Rd, Santhome, Mylapore, Chennai, Tamil Nadu 600 004 Rep. By its Authorized Signatory Mr.Manoj Dembla
... Plaintiff
-vs-
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Bharti Crescent 1, Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi - 110 070.
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C.S.(Comm.Div.) No.72 of 2025
RK Puram, Ganapathy, Coimbatore - 641 006.
18.Nettlinx Limited, 5-9-22, 3rd floor, My Home Sarovar Plaza, Secretariat Road, Saifabad, Hyderabad - 500 004.
19.City Online Services Limited, 701, 7th Floor, Aditya Trade Center, Ameerpet, Hyderabad - 500 038.
20.Pioneer eLabs Limited, Pioneer Towers, 7th Floor, Plot No.16, Survey No.64, Software Unit Layout, APIIK, i-Tech City, Madhapur, Hyderabad: 500 080.
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31.Action Lane,
No.16, No.1A Kalpana Apartments, 1st Street, Above Padmanaba Nagar Electricity Board, Adyar, Chennai - 600 020.
32.Jak Communications Pvt Ltd., No.4, J Block, Near 6th Avenue, Anna Nagar East, Chennai - 600 102.
33.C32 Cable Net Pvt. Ltd. Old No.284, New No.204, Shanmugam Salai, Royapettah, Chennai - 600 014.
34.Thamizhaga Cable TV Communications Pvt Ltd. No.9 A/5, Club Road, Near Mittai Shop, Chetpet, Chennai - 600 031. ... Defendants
PRAYER: Plaint filed under Order VII Rule I of Civil Procedure Code, 1908 And Order IV Rule 1 of the Original Side 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, prayed for Judgment and Decree:-
(a) A permanent injunction restraining the defendants 1 to 29 or any other person or such other websites which are discovered by the plaintiff
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after the release of the movie infringing the cinematographic film "THE DIPLOMAT" 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 "THE DIPLOMAT" in any manner, thereby restraining the unauthorized 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 31 – 34 or any
other person or entity from infringing the cinematographic film "THE DIPLOMAT" 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 "THE DIPLOMAT" by copying, recording, reproducing or allowing camcording or allowing others
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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 "THE DIPLOMAT" 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 "THE DIPLOMAT" 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 M/s.P.K.Law Firm For Defendants : No Appearance
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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 to the said effect.
withdrawn without any order as to costs. Consequently, the connected applications are closed.
28.04.2025
rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
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SENTHILKUMAR RAMAMOORTHY,J
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C.S.(Comm.Div.) No.72 of 2025 and O.A.Nos.260 & 261 of 2025
28.04.2025
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2 provisions across 1 enactments
Super Cassettes Industries Pvt. Ltd.
Bharat Sanchar Nigam Limited
Mahanagar Telephone Nigam Ltd.
Bharti Airtel Limited
Hathway Cable & Datacom Limited
Tata Communication Limited
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
