Madras High Court
Plaintiff vs S.Sundaram on 14 July, 2021
C.S.No.1016 of 2001
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.1016 of 2001
Suresh Kishore (deceased)
B.Ramalakshmi
[Impleaded as per order dated 03.06.2002
in A.No.1837 of 2002]
...Plaintiff
.Vs.
1.S.Sundaram
2.M/s.Sanjay A.Wadhwa HUF II
Rep. by Sanjay A.Wadhwa
708, Shivalaya “A” Block
198, Ethiraj Salai
Egmore, Chennai – 600 105.
3.B.N.Suresh Reddy ... Defendants
Plaint filed under Order IV Rule 1 of the Original Side Rules read
with Order VII and Rule 1 of Civil Procedure Code and read with
Sections 55, 56, 60 and 62 of the Copyright Act, 1957 praying for a
judgment and decree against the defendants:
a) Declaring that the plaintiff is the sole and absolute owner of the
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C.S.No.1016 of 2001
copyright to exhibit, exploit and distribute the Tamil talkie colour picture
entitled “Neruppu” starring Ranjith and Karishma Rai and others directed
by Ramesh Sanjay over all the territories all over India and excluding the
foreign Malaysia and Singapore worlwide satellite and Indian
Doordarshan and Terrestrial television telecasting territories;
b) Granting permanent injunction restraining the first defendant,
his agents and servants and any person and every person claiming
through him or acting upon his letter, petition or complaint from in any
manner infringing the plaintiff's copyright in the suit picture to exhibit,
exploit and distribute the Tamil talkie colour picture entitled “Neruppu”
starring Ranjith and Karishma Rai and others directed by Ramesh Sanjay
over all the territories all over India and excluding the foreign Malaysia
and Singapore worlwide satellite and Indian Doordarshan and Terrestrial
Television telecasting territories;
c) Directing the first defendant to pay the costs of the suit to the
plaintiff.
For Plaintiff : No appearance
For Defendants : Mr.PL.Narayanan
for 3rd defendant
********
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C.S.No.1016 of 2001
JUDGMENT
The suit is one for declaration of copyright and for injunction
restraining the defendants from infringing the plaintiff's copyright in the
suit picture.
2. Mr.PL.Narayanan, learned counsel appearing for the 3rd
defendant who is the Proprietor of Vijaya Colour Laboratory would
submit that the laboratory itself is closed and whatever negatives that
were available with the Vijaya Colour Laboratory of this film would only
run for a short while.
3. Considering the fact that the suit itself is of the year 2001 and
the 2nd defendant remains unserved even as of today, I do not think that
any useful purpose would be served by keeping this plaint pending.
4. Therefore, the suit is dismissed for non-prosecution. No costs.
14.07.2021
dsa
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C.S.No.1016 of 2001
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
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dsa
Index : No
Internet : Yes
Non-Speaking order
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C.S.No.1016 of 2001
R.SUBRAMANIAN, J.
dsa
C.S.No.1016 of 2001
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