Citation : 2021 Latest Caselaw 14700 Mad
Judgement Date : 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;
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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;
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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
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Internet : Yes Non-Speaking order
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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
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