Madras High Court
Sulamangalam R.Jayalakshmi vs Meta Musicals Also Known As Meta ... on 26 August, 2021
C.S.No.319 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.319 of 1999
and
A.No.3111 of 2004
1.Sulamangalam R.Jayalakshmi,
No.17, Mandaveli Street,
Chennai – 600 028.
2.The Gramaphone Co. of India Ltd.,
No.6/B, Nungambakkam High Road,
Chennai – 600 034. ...Plaintiffs
Vs.
1.Meta Musicals also known as Meta Audio,
No.26/3, Narasingapuram Street,
II Floor, Chennai – 600 002.
2.Vijay Musicals,
No.67, Canal Bank Road,
CIT Nagar, Chennai – 600 035.
3.Ramjee Folk Songs Research Centre,
No.23, Pandia Vellalar Street,
Madurai.
4.Babu Electronics,
No.33, Town Hall Road,
Madurai – 625 001.
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C.S.No.319 of 1999
5.Padma Swaminathan,
C/o. Ramjee Folk Songs Research Centre,
No.23, Pandia Vellalar Street,
Madurai.
6.Baratvaj,
C/o. Vijay Musicals,
No.67, Canal Bank Road,
CIT Nagar, Chennai – 600 035.
7.Classic Musics,
Chathiram Bus Stand,
Trichy.
8.Kovai Music House, Main Bus Stand,
Coimbatore – 1. ...Defendants
Prayer: Plaint filed under Order IV Rule 1 of the Original Side rules and
Order VII Rule 1 of C.P.C., r/w. Sections 52 and 62 of the Copyright Act
and under Section 105 and 106 of the Trade Merchandise Act, praying as
follows:-
a) a declaration that the plaintiffs are the sole and exclusive
owners of copyright of the devotional songs Kantha Sashti Kavacham and
Kantha Guru Kavacham, the lyrics the latter written by Swamiji
Santhananda Swamigal of Pudukottai assigned to the first Plaintiff and her
deceased sister, Sulamangalam Rajalakshmi who composed the music and
tune for singing the said songs and recorded by the second plaintiff in the
year 1973.
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C.S.No.319 of 1999
b) that the second Plaintiff is entitled to a declaration that it is the
assignee of the copy right of the said devotional songs, Kantha Sashti
Kavacham and Kantha Guru Kavacham sung by the first plaintiff along with
her deceased sister, Sulamangalam Rajalakshmi, by virtue of the assignment
made by them in the year 1973 and to reproduce the same in Gramaphone
records, audio cassettes, Compact Disc or any other media and market the
same.
c) to direct the defendants to render accounts for the sale of the
audio cassettes with the above said cover on the package.
d) to pay damages of Rs.10,00,000/- to the Plaintiffs.
e) to grant a permanent injunction restraining the Defendants,
their agents, dealers, assignees, distributors or any other person claiming
through them from in any manner reproducing the Kantha Sashti Kavacham
and Kantha Guru Kavacham in audio cassettes or Compact Disc or any
other media using the name of the first Plaintiff and her deceased sister,
Sulamangalam Rajalakshmi as signers on the cover of the package of the
audio cassette or title of the Compact Disc.
f) to grant permanent injunction restraining the Defendants, their
agents, dealers, assignees, distributors or any other person claiming through
them from adopting, reproducing, copying infringing copyright in respect of
Skantha Guru Kavacham exclusively belonging to the Plaintiffs, in audio
cassette or CD or any other media using the name of Sulamangalam Sisters
as singers.
g) directing the Defendants to destroy all the unsold cassettes and
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C.S.No.319 of 1999
compact discs within a date to be fixed by this Hon'ble Court.
h) directing the Defendants to pay the costs of the suit.
For Plaintiffs : Mr.P.B.Balaji
For Defendants : Mr.Avinash Wadhvani for
Mr.V.Raghavachari for D3 to D5
Mr.I.Mohamed Faizal for D2
Mr.T.Kumar for D7 & D8
D1 & D6 - No Appearance
JUDGMENT
Mr.P.B.Balaji, learned counsel appearing for the plaintiffs would
submit that the suit itself has become infructuous and the same may be
dismissed as such.
2.Recording the said statement, this suit is dismissed of having
become infructuous. No costs. Consequently, connected application is
closed.
26.08.2021
kkn
Internet:Yes
Index:No
Non-speaking
https://www.mhc.tn.gov.in/judis/
C.S.No.319 of 1999
List of witness and documents marked on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendants:
Nil
26.08.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.319 of 1999
R.SUBRAMANIAN, J.
KKN
C.S.No.319 of 1999
and A.No.3111 of 2004
https://www.mhc.tn.gov.in/judis/
C.S.No.319 of 1999
26.08.2021
https://www.mhc.tn.gov.in/judis/
