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M/S.Sun Tv Network Ltd vs M/S.Atlantic Cinema
2021 Latest Caselaw 13347 Mad

Citation : 2021 Latest Caselaw 13347 Mad
Judgement Date : 6 July, 2021

Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Atlantic Cinema on 6 July, 2021
                                                                          C.S.No.938 of 2008

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 06.07.2021

                                                     CORAM

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                C.S.No.938 of 2008


                     M/s.SUN TV Network Ltd.,
                     Rep. by its Manager (Programming),
                     L.Jotheeswaran,
                     No.4,Norton Road,
                     Mandaveli,
                     Chennai – 6000 028.                                     ...Plaintiff



                                                        .Vs.


                     1.M/s.Atlantic Cinema,
                       Rep. by its Proprietor
                       S.Umapathy,
                       Having Office at 12, Parthasarathy Street,
                       Saligramam, Chennai – 600 094.

                     2.M/s.Vaigai TV rep. by its Manager,
                       Having Office at 20/44, Kakkan Street,
                       Shenoy Nagar, Madurai – 20.

                     3.M/s.Media TV rep. by its Manager,
                       Having Office at 12/18, Vaithinatha Iyer Street,
                       Shenoy Nagar, Madurai – 20.


                     Page No.1/5
https://www.mhc.tn.gov.in/judis/
                                                                                C.S.No.938 of 2008

                     4.M/s.Krishna TV rep. by its Manager,
                       Having Office at No.1 Malligai Malar Street,
                       Bharathi Nagar, Krishnapuram Colony,
                       Madurai – 14.

                     5.M/s.R TV rep. by its Proprietor,
                       Having Office at 6/44, Kakkan Street,
                       Shenoy Nagar, Madurai – 20.

                     6.M/s.Goldent TV rep. by its Authorised Person,
                       Having Office at GF-2, 2, Thirumukkulam South Street,
                       Thallakulam, Madurai – 2.

                     7.M/s.Gemini Colour Laboratory,
                       No.28, New Bangaru Colony,
                       West K.K.Nagar,
                       Chennai – 600 078.                                         ... Defendants



                               Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
                     read with Sections 55 and 62 of the Copyright Act read with Order IV
                     Rule 1 of the Original Side Rules praying for a judgment and decree :
                               a) For a permanent injunction restraining the defendants 2 to 6,
                     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 suit Film “Kadhalil Vizhunthen” (Tamil Colour), starring Nakul,
                     Sunena, Livingston and others and directed by Mr.P.V.Prasath, inclusive
                     of the rights of Satellite Service, Terrestrial Television Broadcast and all
                     other rights connected therewith including exhibition of the films, songs,
                     scenes or any part thereof by means of wireless diffusion and by wire for


                     Page No.2/5
https://www.mhc.tn.gov.in/judis/
                                                                                   C.S.No.938 of 2008

                     communication to the public through Television Broadcast, cable or any
                     other more and
                               b) directing the defendants to pay costs of the suit.

                                      For Plaintiff        : Mrs.M.Sneha

                                                           ********



                                                      JUDGMENT

The suit has been filed by the plaintiff seeking

a) For a permanent injunction restraining the defendants 2 to 6,

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 suit Film “Kadhalil Vizhunthen” (Tamil Colour), starring Nakul,

Sunena, Livingston and others and directed by Mr.P.V.Prasath, inclusive

of the rights of Satellite Service, Terrestrial Television Broadcast and all

other rights connected therewith including exhibition of the films, songs,

scenes or any part thereof by means of wireless diffusion and by wire for

communication to the public through Television Broadcast, cable or any

other more and

b) for costs of the suit.

Page No.3/5 https://www.mhc.tn.gov.in/judis/ C.S.No.938 of 2008

2. Mrs.M.Sneha, learned counsel appearing for the plaintiff would

submit that the suit has been settled out of court and seeks permission to

withdraw the suit.

3. The statement of the counsel for the plaintiff is recorded and the

suit is dismissed as withdrawn. No costs.



                                                                                        06.07.2021

                     dsa
                     Index           : No
                     Internet        : Yes
                     Non-Speaking order


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

Page No.4/5 https://www.mhc.tn.gov.in/judis/ C.S.No.938 of 2008

R.SUBRAMANIAN, J.

dsa

C.S.No.938 of 2008

06.07.2021

Page No.5/5 https://www.mhc.tn.gov.in/judis/

 
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