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Veera Mohan vs M/S.Ida Wold I Celluloid Private ...
2021 Latest Caselaw 14700 Mad

Citation : 2021 Latest Caselaw 14700 Mad
Judgement Date : 22 July, 2021

Madras High Court
Veera Mohan vs M/S.Ida Wold I Celluloid Private ... on 22 July, 2021
                                                                                 C.S.No.85 of 2006

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 22.07.2021

                                                        CORAM

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                   C.S.No.85 of 2006

                     Veera Mohan
                     Prop. M/s.Jai Weeraa's Film International                    ...Plaintiff

                                                           Vs.
                     1. M/s.Ida Wold I Celluloid Private Limited
                        Rep. by its Managing Director

                     2. M/s.Gemini Colour Laboratory                         ... Defendants
                           Plaint filed under Sections 55 and 62 of Copy Right Act read with

                     Order IV Rule 1 of the Original Side Rules praying for a judgment and

                     decree against the defendants:

                               a) For declaration that the plaintiff is the absolute owner of the
                     Copy Right of the Picture June R Staring Kushboo and Jyothika for
                     entire overseas including Sri Lanka for a perpetual period of 99 years and
                     entitled to receive publicity materials and lab letter on payment of
                     balance lease consideration to the first defendant and the Agreement
                     entered between the plaintiff and the first defendant dated 20.08.2005 is
                     in force;



                     Page No.1/5
https://www.mhc.tn.gov.in/judis/
                                                                                        C.S.No.85 of 2006

                               b) Permanent injunction restraining the first defendant from
                     releasing the picture June R any where in Tamilnadu without complying
                     the terms and conditions of the agreement dated 20.08.2005 and
                     consequently restraining the second defendant from releasing the prints
                     of the picture June R or any publicity material to the first defendant or
                     any body claiming under or acting on behalf of the first defendant in
                     contravention of the Agreement dated 20.08.2005 and
                               c) Direct the defendants to pay the costs of the suit.

                                     For Plaintiff       : No appearance

                                                         ********

                                                     JUDGMENT

The suit has been filed for

a) Declaration that the plaintiff is the absolute owner of the Copy

Right of the Picture June R Staring Kushboo and Jyothika for entire

overseas including Sri Lanka for a perpetual period of 99 years and

entitled to receive publicity materials and lab letter on payment of

balance lease consideration to the first defendant and the Agreement

entered between the plaintiff and the first defendant dated 20.08.2005 is

in force;

Page No.2/5 https://www.mhc.tn.gov.in/judis/ C.S.No.85 of 2006

b) Permanent injunction restraining the first defendant from

releasing the picture June R any where in Tamilnadu without complying

the terms and conditions of the agreement dated 20.08.2005 and

consequently restraining the second defendant from releasing the prints

of the picture June R or any publicity material to the first defendant or

any body claiming under or acting on behalf of the first defendant in

contravention of the Agreement dated 20.08.2005 and

c) For the costs of the suit.

2. Though, time was granted to file written statement till

20.07.2021, no written statement has been filed. None appears for the

defendants. The defendants are called absent and set exparte. None

appears for the plaintiff also.

3. Hence, the suit is dismissed for non-prosecution. No costs.


                                                                                       22.07.2021
                     dsa
                     Index           : No

                     Page No.3/5

https://www.mhc.tn.gov.in/judis/ C.S.No.85 of 2006

Internet : Yes Non-Speaking order

Page No.4/5 https://www.mhc.tn.gov.in/judis/ C.S.No.85 of 2006

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

22.07.2021 dsa

C.S.No.85 of 2006

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

 
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