Madras High Court
Sanjay Kumar Lalwani vs M/S.Nic Arts on 13 July, 2021
C.S.No.575 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.575 of 2015
Sanjay Kumar Lalwani ...Plaintiff
.Vs.
1.M/s.NIC ARTS
Represented by its Proprietor
S.S.Chakravarthy
Having office at
No.1, Senthil Andavar Street, Dhanalakshmi Colony,
Vadapalani, Chennai – 600 026.
2.M/s.MAGIC FRAMES
Represented by its Partner N.Thiruvengadam
No.8, Surya Street, Bharani Colony,
Saligramam, Chennai – 600 093.
3.M/s.Chimbu Cine Arts
Represented by its Proprietor Usha Rajendar,
No.6, Masila Mani Road,
T.Nagar,
Chennai – 600 017.
4.M/s.Gemini Colour Laboratory
Gemini Industries & Imaging Pvt. Ltd.,
28, New Bangaru Colony, K.K.Nagar,
Chennai – 78. ... Defendants
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C.S.No.575 of 2015
Plaint filed under Order IV Rule 1 of the High Court Original side
Rules read with Sections 54 and 55 of Copyright Act, 1957 praying for a
judgment and decree :
a) For a permanent injunction restraining the defendants or their
men, agents, representatives, assigns, distributors and any one whosoever
claiming through the defendants from releasing the movie 'VAALU'
(Tamil) in any manner infringing the plaintiff's copy right in respect of
the exclusive Theatrical Exploitation Rights in Entire Chennai City and
N.S.C.Areas of the Tamil Colour Talkie Picture titled as 'VAALU'
(Tamil) Starring Simbu, Hansika, Santhanam, VTV Ganesh and others,
Directed by Vijay Chandar, Music by Thaman.S.
b) Direct the defendants to jointly and severally to pay the costs of
the suit.
For Plaintiff : Mr.K.P.Sanjeev Kumar
For Defendants : Mr.N.Ramesh for D2
Mr.Thiageswaran
for M/s.Waron & Sai Ram for D3
Mrs.R.Maheswari for D4
********
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C.S.No.575 of 2015
JUDGMENT
The prayer in the suit is for permanent injunction restraining the
defendants from releasing the movie 'VAALU' and thereby infringing the
plaintiff's copyright.
2. It is submitted by Mr.Thiageswaran, learned counsel appearing
for the 3rd defendant that the movie has already been released and it has
also gone out of the Theaters. Therefore, nothing survives in the suit for
adjudication as the suit does not contain a prayer for damages also.
3. In view of the same, the suit is dismissed as the plaintiff has no
chance of succeeding in the suit and there would be no useful purpose in
keeping the plaint alive. Hence, the suit is 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.
13.07.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
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C.S.No.575 of 2015
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
13.07.2021
dsa
C.S.No.575 of 2015
13.07.2021
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