Madras High Court
M/S.Phonographic Performance ... vs Accord Puducherry on 24 February, 2021
C.S.No.875 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.02.2021
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.875 of 2013
and
O.A.No.1219 of 2018
M/s.Phonographic Performance Limited
Rep. by its Authorized Signatory
Mr.D.Dinesh
Gokul Towers, Door # 5,
Ground Floor,
No.9/10, C.P.Ramaswamy Road,
Alwarpet, Chennai – 600 018.
.. Plaintiff
/versus/
1.Accord Puducherry
#1, Thilagar Nagar,
Ellaipillaichavady,
Puducherry – 605 009.
2.Hotel Le Royal Park Pvt. Ltd.,
#168, Kamaraj Salai,
Puducherry – 605 013.
3.CAG Hotels (P) Ltd.,
#312, Bharathiyar Road,
New Sidhapudur,
Coimbatore - 641 044.
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https://www.mhc.tn.gov.in/judis/
C.S.No.875 of 2013
4.Shelter Beach Resorts
#275, East Cost Road,
Vada Nemmeli,
Kanchipuram District, Chennai – 600 104.
5.Le Meridien Coimbatore
#762, Avinashi Road,
Neelambur,
Coimbatore - 641 062.
6.Le Royal Meridien – Appu Hotels Ltd.,
#1, G.S.T. Road,
St. Thomas Mount,
Chennai – 600 016.
7.The Leela Palace Chennai
Adyar Seaface,
M.R.C Nagar,
Chennai – 600 028.
8.The Pride Hotel,
#216, E V R Periyar Salai,
Poonamallee High Road,
Kilpauk, Chennai – 600 010.
9.Sony Music Entertainment India Pvt. Ltd.
92, Main Avenue, Santa Cruz,
Mumbai – 400 054.
(9th defendant impleaded as per order dated
20.02.2017 and 07.03.2017 in A.Nos.1019
& 1020 of 2017).
.. Defendants
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https://www.mhc.tn.gov.in/judis/
C.S.No.875 of 2013
This Civil Suit is filed under Sections 55 & 62 of the Copyright
Act, 1957 read with Order IV Rule 1 of the Original Side Rules and
Order VII Rule 1 of C.P.C., prayed for a judgment and decree against the
Defendants as follows:-
i).Declare that he communication to Public by the Defendants
of the sound recording works of Plaintiff's members by playing the
cassettes or CDs or audio – visuals containing the sound recordings in
their events and shows organized by them Christmas Event on or around
25th December 2013 and New Year Eve Event on or around 31st
December 2013 and/or any/all future events without obtaining a prior
license from the plaintiff, is illegal and unauthorised and is in
infringement of the plaintiff's copyright.
ii).That the Defendants by themselves, their servants, and
agents be restrained by an order of permanent injunction from in any
manner communicating to Public any of the sound recordings of the
members of the plaintiff's by playing the Music Cassettes or Compact
Discs or any other mode of recording or audio-visuals containing sound
recordings by any means of diffusion which infringes the plaintiff's
copyright in the scheduled event to be held Christmas Event on or around
25th December 2013 and New Year Eve Event on or around 31st
December 2013 and/or any/all future events thereon.
iii).For costs.
For Plaintiff : Mr.C.P.Hemakumar
For Defendants : No appearance
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C.S.No.875 of 2013
C.V.KARTHIKEYAN.J.,
smv
JUDGMENT
The learned Counsel appearing for the plaintiff seeks
permission of this Court to withdraw this suit, and he has also made the
following endorsement to that effect:
“It is prayed on instructions to permit the plaintiff to
withdraw this suit”
2.In view of the endorsement made by the learned counsel for
the plaintiff, this suit is dismissed as withdrawn. No order as to costs.
Consequently, connected original application is closed.
24.02.2021
smv
Internet : Yes / No
Index : Yes / No
C.S.No.875 of 2013
and
O.A.No.1219 of 2018
https://www.mhc.tn.gov.in/judis/
