M/S. Star Music vs Mr.Rasheed Padinharayil
2021 Latest Caselaw 303 Mad

                                                 C.S.No.347 of 2020, A.No.2908 of 2020 and O.A.No.653 of 2020


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 05.01.2021

                                                     CORAM:

                                     THE HON'BLE JUSTICE C.V.KARTHIKEYAN

                                                 C.S.No.347 of 2020
                                               and A.No.2908 of 2020
                                              and O.A.No.653 of 2020

                   M/s. Star Music
                   A Partnership Firm represented by its Partner
                   Mr. Poonam Chand
                   New No.14, Old No.46/1,
                   Kannadasan Street,
                   T.Nagar,
                   Chennai - 600 017.                                                         ... Plaintiff
                                                      ..Vs..

                   1.Mr.Rasheed Padinharayil
                     Shop No:19, Speed audio and Video, Rolla Street
                     A1 Ghuwair, Sharjah
                     67703 AE.

                   2.Mr.Abdul Majith,
                     M/s Confident Film Cafe,
                     5C, Annal Kamarajar Street,
                     Choolai Medu,
                     Chennai 600 094.                                                      ... Defendants




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                                                       C.S.No.347 of 2020, A.No.2908 of 2020 and O.A.No.653 of 2020




                   PRAYER :             Plaint filed under and Order IV Rule 1 of the Madras High

                   Court Original Side Rules read with Order VII Rule 1 of the Code of Civil

                   Procedure, 1908 and read with Sections 18, 51, 55 and 62 of the Copyright

                   Act, 1957 prayed for a Judgment and Decree:-



                                   (a) Declaring that the plaintiff is the sole and absolute owner of all

                   the right, title and interest in all copyrights assigned to him by the 2nd

                   Defendant under Clauses 1, 3 and the Schedule to the Assignment Deed

                   dated 15.09.2018 in the Cinematograph Film "Torchlight".



                                   (b) Granting a perpetual injunction restraining the 1st Defendant,

                   2nd Defendant and its men, agents, successors-in-business, assigns,

                   representatives or any person claiming through or under them from in any

                   manner exploiting and / or infringing any of the Copyrights which the

                   Plaintiff owns as per Clauses 1, 3 and the Schedule to the Assignment Deed

                   dated 15.09.2018 in the Cinematograph Film "Torchlight".




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                                                       C.S.No.347 of 2020, A.No.2908 of 2020 and O.A.No.653 of 2020


                                   (c) Directing the 1st Defendant to remove the video uploaded by

                   him                   on             YouTube                     having                  URL

                   http://www.youtube.com/watch?v=ucsNbj_v8p0, under the display name

                   'Channel New Release Tamil Movies' and in any other online and offline

                   mode.



                                   (d) Directing the Defendant to pay the costs of this suit.



                                       For Plaintiff   : M/s.M.V.Swaroop

                                                            *******




                                                       JUDGMENT

The Memo had been filed by the learned counsel for the plaintiff

and the learned counsel also appeared through Video Conferencing and

affirmed that a Memo had been filed seeking to withdraw the suit on

necessary instructions from the plaintiff, in view of compromise entered into

with the second defendant.

https://www.mhc.tn.gov.in/judis/ C.S.No.347 of 2020, A.No.2908 of 2020 and O.A.No.653 of 2020

C.V.KARTHIKEYAN, J

rna

2. The Suit is dismissed as withdrawn as Settled Out of Court.

The Registry may examine refunding the Court Fees in accordance with the

prevelant Rules. No Order as to costs. Consequently, the connected

Application and Original Application also closed.

05.01.2021 Index : Yes / No Web : Yes / No rna

C.S.No.347 of 2020 and A.No.2908 of 2020 and O.A.No.653 of 2020

https://www.mhc.tn.gov.in/judis/