Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Sathya Movies on 6 July, 2021
C.S.No.817 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.817 of 2008
and
O.A.No.945 of 2008
M/s.SUN TV Network Ltd.,
Rep. by its Manager (Programming),
L.Jotheeswaran,
New No.4, Old No.5,
Norton Road,
Mandaveli,
Chennai – 600 028. ...Plaintiff
.Vs.
1.M/s.Sathya Movies,
represented by its Managing Partner,
V.Rajammal,
Having Office at No.11, Sadasivam Street,
Gopalapuram, Chennai – 600 086.
2.Raama Veerappan
3.M/s.D-TV,
Having Office at No.78, Shopping Complex,
3rd Floor, Andalpuram,
Madurai – 625 003.
... Defendants
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C.S.No.817 of 2008
Plaint filed under Order IV Rule 1 of the Original Side Rules 1956,
under Section 55 and 62 of Copy Rights Act, 1955 read with Order VII
Rule 1 of the Code of Civil Procedure praying for a judgment and decree
against the defendants:
i) for a declaration that the plaintiff is the exclusive copy right
holder of the cinematography Tamil film “KAVALKARAN” (Tamil
Colour), starring M/s.M.G.R., Jayalalitha and others directed by
Mr.P.Neelakanda, inclusive of the rights of Satellite Television
Broadcast, Direct to Home Broadcast, Direct Satellite Service, Terrestrial
Television Broadcast and all other rights connected therewith including
exhibition of the film by means of wireless diffusion and by wire for
communication to the public through Television Broadcast for the entire
world as assigned in the agreement dated 10.10.2002.
ii) for a permanent injunction restraining the defendants, their men,
agents, assignees or any other person or persons claiming through them
from in any manner infringing the plaintiff's copy rights in the
cinematography film “KAVALKARAN” (Tamil Colour), starring
M/s.M.G.R., Jayalalitha and others directed by Mr.P.Neelakanda,
inclusive of the rights of Satellite Television Broadcast, Direct to Home
Broadcast, Direct Satellite Service, Terrestrial Television Broadcast and
all other rights connected therewith including exhibition of the film by
means of wireless diffusion and by wire for communication to the public
through Television Broadcast for the entire world as assigned in the
agreement dated 10.10.2002.
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C.S.No.817 of 2008
iii) Award damages of Rs.10,00,000/- and
iv) directing the defendant's to pay cost of the suit.
For Plaintiff : Mrs.M.Sneha
for Mr.B.K.Girish Neelakantan
********
JUDGMENT
The suit has been filed by the plaintiff seeking for a decree and
judgment against the defendants
i) for a declaration that the plaintiff is the exclusive copy right
holder of the cinematography Tamil film “KAVALKARAN” (Tamil
Colour), starring M/s.M.G.R., Jayalalitha and others directed by
Mr.P.Neelakanda, inclusive of the rights of Satellite Television
Broadcast, Direct to Home Broadcast, Direct Satellite Service, Terrestrial
Television Broadcast and all other rights connected therewith including
exhibition of the film by means of wireless diffusion and by wire for
communication to the public through Television Broadcast for the entire
world as assigned in the agreement dated 10.10.2002.
ii) for a permanent injunction restraining the defendants, their men,
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C.S.No.817 of 2008
agents, assignees or any other person or persons claiming through them
from in any manner infringing the plaintiff's copy rights in the
cinematography film “KAVALKARAN” (Tamil Colour), starring
M/s.M.G.R., Jayalalitha and others directed by Mr.P.Neelakanda,
inclusive of the rights of Satellite Television Broadcast, Direct to Home
Broadcast, Direct Satellite Service, Terrestrial Television Broadcast and
all other rights connected therewith including exhibition of the film by
means of wireless diffusion and by wire for communication to the public
through Television Broadcast for the entire world as assigned in the
agreement dated 10.10.2002.
iii) Award damages of Rs.10,00,000/- and
iv) directing the defendants to pay cost of the suit.
2. Mrs.M.Sneha, learned counsel appearing for the plaintiff would
submit that the suit has been settled out of court and seeks to withdraw
the same. She would also seek refund of court fee.
3. The statement of the counsel is recorded and the suit is
dismissed as settled out of court. The Registry is directed to refund the
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C.S.No.817 of 2008
entire court fee paid on the plaint to the counsel for the plaintiff by
issuing a cheque in the name of the counsel. No costs. Consequently the
connected original application is also closed.
4. Mrs.M.Sneha, learned counsel appearing for the plaintiff also
undertakes that the refunded court fee will be paid over to the Cancer
Institute (WIA), East Canal Bank Road, Adyar, Chennai and the same is
recorded.
06.07.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
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C.S.No.817 of 2008
R.SUBRAMANIAN, J.
dsa
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
06.07.2021
dsa
C.S.No.817 of 2008
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