M/S.Sree Devi Video Corporation vs A.N.Subbia
2021 Latest Caselaw 17195 Mad

                                                                    C.S.No.398 of 2005

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 23.08.2021

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                               C.S.No.398 of 2005

                      M/s.Sree Devi Video Corporation
                      rep. by its Partner
                      Ghanshyam Hemdev
                      No.73 Nungambakkam High Road
                      Chennai – 600 034.                               ...Plaintiff

                                                        .Vs.


                      1.A.N.Subbia, Proprietor
                        M/s.VIDEO PARK
                        No.3, Saravana Street
                        T.Nagar, Chennai – 600 017.

                      2.M/s.Gemini Colour Laboratory
                        No.2 Vembuliamman Koil Street,
                        Virugambakkam, Chennai – 600 092.

                      3.M/s.Vijaya Colour Laboratory
                        No.9-A, Kumaran Colony Main Road
                        Vadapalani, Chennai – 600 026.

                      4.M/s.Prasad Film Laboratories
                        No.58, Arunachalam Road,
                        Chennai – 600 093.
                      5.M/s.Tamilnadu Cine Laboratories

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                                                                                    C.S.No.398 of 2005

                          2, Kuppuswamy Street
                          T.Nagar, Chennai – 600 017
                                                                                  ... Defendants
                              Plaint filed under Sections 55 and 62 of the Indian Copyright Act,
                      1957 read with Order IV Rule 1 of the Original Side Rules and Order VII
                      Rule 1 of the Code of Civil Procedure praying for a judgment and decree:
                              (a) For a declaration that the plaintiff is the absolute owner of the
                      limited copyrights viz., entire copyrights in all Video formats including
                      but not restricted to Cable TV copyrights, VCD, DVD, LD, Multimedia
                      rights for entire India, in the schedule mentioned films as per agreement
                      dated 30.09.2002 for 15 years from the date of the agreement;


                              (b) For a permanent injunction restraining the defendants, their
                      men, agents, servants or assigns from in any manner infringing the
                      limited copyrights viz., entire copyrights in all Video formats including
                      but not restricted to Cable TV copyrights, VCD, DVD, LD, Multimedia
                      rights for entire India, for a period of 15 years from 30.09.2002 and


                              (c) For costs of the suit.

                                    For Plaintiff          : Ms.Monica Chopra
                                                             for Mr.K.Harishankar

                                    For Defendants         : No appearance

                                                           ********

                                                     JUDGMENT

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Ms.Monica Chopra, learned counsel appearing for the plaintiff

would submit that he has got instructions to withdraw the suit. A memo

to that effect has also been filed.

2. In view of the same, the suit is dismissed as withdrawn.

No costs.

                                                                                    23.08.2021
                      dsa
                      Index         : No
                      Internet      : Yes
                      Non-speaking order

List of the witnesses examined on the side of the plaintiff: Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants : Nil

23.08.2021 dsa

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R.SUBRAMANIAN, J.

dsa

C.S.No.398 of 2005

23.08.2021

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