C.S.No.304 of 2017
(Comm. Suit)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.09.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.304 of 2017
(Comm. Suit)
Sony Music Entertainment India Private Limited
A Private Limited Company incorporated and registered
under the Indian Companies Act, 1956,
Having its registered office at 92, Main Avenue
Santacruz (West), Mumbai - 400 054. .. Plaintiff
Vs.
Sun TV Network
A company incorporated under the
Indian Companies Act, 1956
Having its registered office at
Murasoli Maran Towers, 73, MRC Nagar Main Road,
MRC Nagar, Chennai-600 028, Tamil Nadu. .. Defendant
This Civil Suit is preferred, under Order IV Rule 1 of the Original
Side Rules 1994 read with Order VII Rule 1 of CPC and Sections 51, 55
and 62 of the Copyright Act, 1957,
(a) A permanent injunction, restraining the defendant, its servant,
directors, agents or any other persons/entity claiming through or under
them, in any manner, directly or indirectly, using, allowing or causing it
to be used, communicating to the public by any mode whatsoever,
medium, device, wire or wireless means, making copies of, exploiting,
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C.S.No.304 of 2017
(Comm. Suit)
allowing or causing it to be exploited, otherwise communicating to the
public by any mode whatsoever, using/embodying, performing the sound
recordings and images forming part of plaintiff's content details of which
are given in Schedule A hereto, via the defendant's said channel or any
other network/channel of the defendant and/or its online website
www.sunnetwork.in and WAP/mobile sites and applications which can
be accessed by consumers/end users on internet enabled digital devices,
so as not to infringe the plaintiff's copyright in the same;
(b) A permanent injunction, restraining the defendant, its servant,
directors, agents or any other persons/entity claiming through or under
them, in any manner, directly or indirectly, using, allowing or causing it
to be used, communicating to the public by any mode whatsoever,
medium, device, wire or wireless means, making copies of, exploiting,
allowing or causing it to be exploited, otherwise communicating to the
public by any mode whatsoever, using/embodying, performing new
cinematograph films created with new visuals synchronized versions /
new adapted sound recordings and / or master sound recordings, based
on underlying musical works and literary works, owned and controlled
by the plaintiff and forming part of the plaintiffs' content detailed in
Schedule A hereto, via the defendant's said channel or any other network
/ channel of the defendant and / or its online website www.sunnetwork.in
and WAP/mobile sites and applications which can be accessed by
consumers/end users on internet enabled digital devices, so as not to
infringe the plaintiff's copyright in the same;
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(c) A preliminary decree be granted to direct the defendant to
render true and faithful accounts of profits earned by the defendant by
use of the plaintiff's copyrighted works and a final decree be passed in
favour of the plaintiff for the amount of profits thus found to have been
made after the defendant have rendered accounts;
(d) Directing the defendant to pay a sum of Rs.2,50,00,000/-
towards punitive damages along with 18% interest per annum until the
date of realization;
(e) Directing the defendant to pay costs of this suit to the plaintiff;
For Plaintiff : Mr.Abishek Jenasenan
along with Ms.Aparajitha Vishwanath
For Defendant : Mr.Rahul Balaji
along with Ms.Tanushree Arvind
JUDGMENT
Captioned suit has been listed under the cause list caption 'FOR REPORTING SETTLEMENT'.
2. Mr.Abishek Jenasenan along with Ms.Aparjitha Viswanath, learned counsel for plaintiff company and Mr.Rahul Balaji along with Ms.Tanushree Arvind, learned counsel for defendant company are before this Court.
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3. Learned counsel on both sides submit that the lis has been settled between the plaintiff and defendant companies and terms of settlement have been reduced to writing vide a 'document dated 22.08.2022 {styled / captioned 'CONSENT TERMS FILED ON BEHALF OF THE PLAINTIFF AND DEFENDANT'}' [hereinafter 'said MOC', 'MOC' denoting 'Memorandum of Compromise' for the sake of convenience and clarity]. A scanned reproduction of said MOC along with docket is as follows:
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4. As regards signatories on the side of plaintiff, Mr.Sumit Chatterjee is present before this Court. Mr.Ashwin Sriram, who has verified the plaint is also before this Court. As regards Mr.Sumit Chatterjee, a Board Resolution has been placed before this Court and a scanned reproduction of the same is as follows:
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5. As regards defendant, learned counsel on both sides submit that there is a minor mis-description in the name of company i.e., juristic person. 'Sun TV Network' should read as 'Sun TV Network Limited'. To be noted, this is reflected in said MOC.
6. Learned counsel on both sides and their respective aforementioned parties submit in one voice in unison that the captioned suit may please be given a quietus in terms of said MOC. Continuing in this direction, it was further submitted in unison that an agreement dated 22.08.2022 which has been alluded to in said MOC may also please be made part of compromise decree.
7. Both the officers of two companies confirm that terms of said MOC is acceptable and a compromise decree can be made on those terms. This Court had the benefit of confirming this from the two gentlemen who were present in Court and a scanned reproduction of photocopies of their AADHAR cards are as follows:
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8. Before proceeding further, it is necessary to record that there is a reference to special leave petitions (c) Nos.8702 - 8703 of 2022 in Hon'ble Supreme Court of India. This Court is informed that SLPs arise out of applications taken out by defendant for bringing in additional documents on the teeth of an application for summary judgment under Order XIII-A of 'amended Code of Civil Procedure, 1908' [hereinafter 'amended CPC' for brevity and convenience] as amended by the Commercial Courts Act, 2015. It is not necessary to dilate any further on this as the matter is now getting concluded. However, for the sake of completion of facts, it is necessary to record that post said MOC i.e., on the next day (23.08.2022), SLPs have been withdrawn by plaintiff and record of proceedings of Hon'ble Supreme Court as downloaded from the official website is as follows:
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9. Therefore, there is no impediment in this Court giving a quietus to the captioned suit.
10. In the light of the narrative thus far, captioned suit will now stand decreed in terms of said MOC dated 22.08.2022 which along with agreement dated 22.08.2022 between the plaintiff and defendant companies shall form part of the compromise decree. There shall be no order as to costs.
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