Madras High Court
Hitesh Jabak vs Kishendas Chabra & Co on 1 July, 2021
C.S.No.771 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.771 of 1999
1.Hitesh Jabak
Proprietor
Sree Vignesh Creations,
No.24, Veerappan Street,
Sowcarpet, Chennai – 600 079.
2.G.R.Raju
Proprietor M/s.Vijay Vision,
A-4, Jains Crescent Park, Phase – II,
No.24, Rathnamal Road,
Rangarajapuram,
Chennai – 600024.
(2nd plaintiff impleaded as per order dated
04.06.2007 in Appln.No.3211 of 2007 extended
dated 24.09.2007 in C.S.No.771 of 1999) ...Plaintiffs
Vs.
1.Kishendas Chabra & Co.
Rep. By its Partner Sunil Chhabra,
3-A, Naaz Building,
Lamington Road, Mumbai – 400 004.
2.Ramsons Enterprises,
Rep. By its Partner Sunil Chhabra,
3-A, Naaz Building,
Lamington Road, Mumbai – 400 004.
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https://www.mhc.tn.gov.in/judis/
C.S.No.771 of 1999
3.Nagi Reddy Charities,
Chandamama Buildings,
No.2 & 3, N.S.K.Salai,
Vadapalani, Chennai – 600 026.
4.Vijaya Productions Pvt. Ltd.,
No.183, N.S.K.Salai,
Vadapalani, Chennai – 600 026. ...Defendants
Prayer: Plaint filed under Sections 55 & 62 of the Copy Right Act, 1955 r/w.
Order IV Rule 1 of the Original Side rules r/w. Order VII Rule 1 of C.P.C.,
praying as follows:-
a) for the relief of declaration, declaring that the 2nd plaintiff is the
absolute owner having the rights of Video copy rights, Cable TV rights,
DVD, CVD, High seas rights, Air borne rights, Satellite and Pay T.V rights
for the territories of entire world including India in respect of the suit
pictures Julie and Ram Aur Shayam for a period of 10 years from
29.04.1999.
b) a permanent injunction restraining the first and second
defendants their agents, servants, each and every person or persons claiming
through them or under them from interfering with the copy rights of the
plaintiff having right of Video copy rights, Cable TV rights, DVD, CVD,
High seas rights, Air borne rights, Satellite and Pay T.V rights in respect of
the suit pictures Julie and Ram Aur Shyam.
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C.S.No.771 of 1999
c) cost of this suit,
d)such further or other orders that this Hon'ble Court may deem fit
and proper in the circumstances of the case.
For Plaintiffs : M/s.M.Vidhya
For Defendants : Mr.A.Umashankar for D1 & D2
Mr.C.Seethapathy for
Mr.P.L.Narayanan for D4
D3 – No appearance
JUDGMENT
The suit relates to copyright of movies “Julie” and “Ram Aur
Shayam” and the reliefs sought for a declaration that the second plaintiff is
the absolute owner having right of Video copy rights, Cable TV rights and
other rights to broadcast the movie through Satellite channels for a period of
10 years. Injunction is also sought for to restrain the defendants from
interfering with the rights of the plaintiff.
https://www.mhc.tn.gov.in/judis/
C.S.No.771 of 1999
2.As seen from the very prayer, the period of the copyright
assignment itself only for 10 years from 29.04.1999, which expired long
back, therefore, nothing survives in the suit. The plaintiff has no chance to
succeed in the suit. This suit is therefore, dismissed under Rule 3(a) of
Order XIII-A of the Code of Civil Procedure as amended by the Commercial
Courts Act, 2015. No costs.
01.07.2021
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-Speaking
List of witness and documents filed on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendants:
Nil
01.07.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.771 of 1999
R.SUBRAMANIAN, J.
KKN
C.S.No.771 of 1999
01.07.2021
https://www.mhc.tn.gov.in/judis/
