Madras High Court
H.S.Balaji & Sons (Bombay) Pvt. ... vs Mr.S.M.Harish on 29 April, 2021
C.S.No.442 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.442 of 2006
H.S.Balaji & Sons (Bombay) Pvt. Ltd.,
No.3-B, Res. Block, Alsa Towers,
186-187, Poonamallee High Road,
Chennai – 600 010. ...Plaintiff
Vs.
1.Mr.S.M.Harish, Proprietor,
M/s.Shri Bala Talkies,
8/2032, Jeewan Bima Nagar,
Anna Nagar Western Extension,
Chennai – 600 101.
2.Mr.S.Mohan,
8/2032, Jeewan Bima Nagar,
Anna Nagar Western Extension,
Chennai – 600 101.
3.Prasad Productions P.Ltd., owning
Prasad Film Laboratories,
22, Arunachalam Road, Saligramam,
Chennai – 600 093. ...Defendants
Prayer: Plaint filed under Order IV Rule of the Original Side rules r/w.
Sections 55 & 62 of the Copy Right Act and r/w. Order VII Rule I of C.P.C.,
praying as follows:-
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https://www.mhc.tn.gov.in/judis/
C.S.No.442 of 2006
a) granting a permanent injunction restraining the defendants from
infringing the limited copy right of the plaintiff over the Tamil
Cinematograph film titled “Kalavum Katru Mara” starring Prabhu Deva,
Roja & Others and directed by Mohanji as detailed in the schedule, in any
manner, especially by making, delivering or releasing any print of the said
film for exploiting anywhere in violation of such copyright, or in the
ALTERNATIVE granting money decree directing the defendants 1 & 2 to
pay to the plaintiff Rs.19,90,000/- comprised of the principal sum advanced
being Rs.4,90,000/- and damages for infringement at Rs.15,00,000/- as
estimated by the plaintiff or such other sum as this Hon'ble Court may
award.
b) granting a permanent injunction restraining the defendants,
their men, agents, distributors, assignees and every one claiming under or
through them from making, delivering or releasing anywhere any print of
the Tamil Cinematograph film titled “Kalavum Katru Mara” starring Prabhu
Deva, Roja & Others and directed by Mohanji until the defendants 1 to 3
either deliver prints of the said film to the plaintiff as agreed or pay to the
plaintiff the entire sum of Rs.19,90,000/-.
c) granting such further or other reliefs as this Hon'ble Court may
deem fit and proper in the circumstances of the case and thus render justice.
For Plaintiff : Mr.R.Murugan
For Defendants : M/s.R.Thiagarajan &
Vasudha Thiagarajanfor D1 & D2
D3 – No Appearance
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C.S.No.442 of 2006
JUDGMENT
Mr.R.Murugan, learned counsel appearing for the plaintiff would
submit that the suit itself has been settled out of Court and nothing survives
in the suit.
2.Recording the said statement, this suit is dismissed as settled out
of Court. No costs.
29.04.2021
kkn
Internet:Yes
Index:No
Non-Speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
29.04.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.442 of 2006
R.SUBRAMANIAN, J.
KKN
C.S.No.442 of 2006
29.04.2021
https://www.mhc.tn.gov.in/judis/
