Madras High Court
M.R.Viswanathan @ Visu vs Vendhar Movies Private Limited on 16 June, 2021
C.S.No.355 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.355 of 2013
M.R.Viswanathan @ Visu ...Plaintiff
.Vs.
1.Vendhar Movies Private Limited.,
Plot No.155, MGR Street,
Saligramam,
Chennai – 600 093.
2.Badri
3.Sinu Nagappan
4.Balasubramanian Balagurunathan
5.Gemini Industries and Imaging Ltd.
28, New Bangaru Colony,
K. K. Nagar West, Chennai – 600 078
India.
6.Kalakendra Movies
3rd Cross Street,
East Abhiramapuram
CIT Nagar (Near Warren Road)
Chennai – 600 004.
... Defendants
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C.S.No.355 of 2013
Plaint filed under Order IV Rule 1 of the Original Side Rules, read
with Sections 55 and 62 of the Copyright Act, 1957 read with Order VII
Rule 1 of the Code of Civil Procedure praying for:
a) A declaration that the 6th defendant M/s.Kalakendra Movies
Producer of the said Movie 'Thillu Mullu' and subsequent owners/
assignors had no right to transfer the copyright in the underlying literary
and dramatic works without limitation including the script and dialogues
to any person.
b) A permanent injunction restraining the defendants, their men,
servants, agents and any persons claiming under them from infrining the
original literary and dramatic work including but not limited to script and
dialogues of the said movie 'Thillu Mullu' authored by the plaintiff by
incorporation of the whole or any part thereof in the cinematograph film
titled 'Thillu Mull – 2' or 'Thillu Mull – II' or any other manner
whatsoever.
c) A permanent injunction restraining the defendants, their men,
servants, agents any persons claiming under them from. Mutilation,
modification or other act in relation original the literary and dramatic
work including but not limited to script and dialogues of the said movie
'Thillu Mullu' authored by the plaintiff for use in the cinematographic
Film titled 'Thillu Mull – 2' or 'Thillu Mull – II' or any other manner
whatsoever.
d) to direct the 1st defendant to pay to the plaintiff the costs of this
suit.
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C.S.No.355 of 2013
For Plaintiff : Mr.Kaushik N Sharma
********
JUDGMENT
The plaintiff has come up with the above suit seeking
a) A declaration that the 6th defendant M/s.Kalakendra Movies
Producer of the said Movie 'Thillu Mullu' and subsequent owners/
assignors had no right to transfer the copyright in the underlying literary
and dramatic works without limitation including the script and dialogues
to any person.
b) A permanent injunction restraining the defendants, their men,
servants, agents and any persons claiming under them from infrining the
original literary and dramatic work including but not limited to script and
dialogues of the said movie 'Thillu Mullu' authored by the plaintiff by
incorporation of the whole or any part thereof in the cinematograph film
titled 'Thillu Mull – 2' or 'Thillu Mull – II' or any other manner
whatsoever.
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C.S.No.355 of 2013
c) A permanent injunction restraining the defendants, their men,
servants, agents any persons claiming under them from. Mutilation,
modification or other act in relation original the literary and dramatic
work including but not limited to script and dialogues of the said movie
'Thillu Mullu' authored by the plaintiff for use in the cinematographic
Film titled 'Thillu Mull – 2' or 'Thillu Mull – II' or any other manner
whatsoever.
d) to direct the 1st defendant to pay to the plaintiff the costs of this
suit.
2. It is stated that the plaintiff has died on 22.03.2020. Despite
several adjournments having been granted, steps have not been taken.
Even today, the counsel for the deceased plaintiff would seek time to
bring the legal heirs on record. The suit has already abated since the
legal heirs are not been brought on record with in the time allowed under
law.
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C.S.No.355 of 2013
3. Hence, the suit is dismissed as abated leaving it open to the
legal heirs of the plaintiff to seek to bring themselves on record as and
when they choose to do so. No costs.
16.06.2021
dsa
Index : No
Internet : Yes
Non-speaking order
List of the witnesses examined on the side of the plaintiff: :
PW1 - R.Vishwanathan
List of Exhibits marked on the side of the plaintiff :
Sl. Exhibits Description Dated
No.
1 Ex.P1 Reply received from the 2nd defendant in 21.08.2012
response to the E-mail
2 Ex.P2 Office copy of the legal notice sent by the 16.04.2013
plaintiff to the defendants
3 Ex.P3 Original reply to the legal notice with 29.04.2013
(series) postal cover received by the plaintiff from
the defendant's counsel
4 Ex.P4 Original Newspaper cutting showing that 24.05.2013
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C.S.No.355 of 2013
Sl. Exhibits Description Dated
No.
the movie titled 'Thillumull-2' is proposed
to be released on 14th June 2013
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
16.06.2021
dsa
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C.S.No.355 of 2013
R.SUBRAMANIAN, J.
dsa
C.S.No.355 of 2013
16.06.2021
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