Madras High Court
C.P.Sunil Raj (Proprietor) vs S.N.Rajarajan on 21 June, 2021
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and O.A.Nos.86 of 2020
&1087 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.06.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and
O.A.Nos.86 of 2020 & 1087 of 2018
C.S.(Com.Div.) No.54 of 2020
C.P.Sunil Raj (Proprietor)
M/s.Mishri Movies,
21/9, Cenetoph Road, Second lane,
Alwarpet,
Chennai-600018. .. Plaintiff
/versus/
1.
S.N.Rajarajan,
Proprietor,
M/s.K Productions,
No.7, 1st Floor, 5th Avenue,
Harrington Road, Chetpet,
Chennai-600 031.
and also at No.21, G.K.S.Annex,
Pycroft Garden Road, Nungambakkam,
Chennai-600 006.
2.M/s.Surabi Films,
Rep.by its Partner, S.Mohan,
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and O.A.Nos.86 of 2020
&1087 of 2018
No.65/3, Pushpa Enclave,
K.S.Nagar, School Road,
Kolathur, Chennai-600099.
3.R.Singaravadivelan,
Proprietor,
M/s.Madukkar Movie Makers,
Flat No.A8, 2nd Floor, Srinivasa Arcade,
No.1-2, Arunachalam Road,
Saligrammam,
Chennai-600093.
4.M/s.Goldmines Telefilms Private Limited,
Represented by its Managing Director,
Mr.Manish Shah,
6th Floor, 601A/1 & A/2, B Wing,
Palm Court M Premises,
Next to Infinity Mall, Link Road,
Malad (W), Mumbai 400 064. .. Defendants
C.S.(Com.Div.) No.787 of 2018
R.Singaravadivelan,
Proprietor,
M/s.Madukkar Movie Makers,
Flat No.A8, 2nd Floor, Srinivasa Arcade,
No.1-2, Arunachalam Road,
Saligrammam,
Chennai-600093. ..Plaintiff
/versus/
1.S.N.Rajarajan,
Proprietor,
M/s.K Productions,
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and O.A.Nos.86 of 2020
&1087 of 2018
No.7, 1st Floor, 5th Avenue,
Harrington Road, Chetpet,
Chennai-600 031.
and also at No.21, G.K.S.Annex,
Pycroft Garden Road, Nungambakkam,
Chennai-600 006.
2.C.P.Sunil Raj (Proprietor)
M/s.Mishri Movies,
21/9, Cenetoph Road, Second lane,
Alwarpet,
Chennai-600018.
3.M/s.Surabi Films,
Rep.by its Partner, S.Mohan,
No.65/3, Pushpa Enclave,
K.S.Nagar, School Road,
Kolathur, Chennai-600099.
4.Gemini Color Laboratory,
Unit of Gemini Industries and Imaging Ltd.,
28, New Bangaru Colony,
West K.K.Nagar,
Chennai-600 078. ..Defendants
Prayer in C.S (Com.Div) No.54 of 2020: This Civil Suit is
filed under Order IV Rule 1 Original Side Rules read with Order VII
Rule 1 of CPC read with Section 55 and 62 of Copyright Act, 1955,
prayed for (a) To grant permanent injunction restraining the Defendatns,
their men, agents, servants, assign or any person/s claiming through or
under them from in any manner interfering with or infringing the
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and O.A.Nos.86 of 2020
&1087 of 2018
Plaintiff's copyright in the suit film “1945”, bilingual dubbing rights in
Hindi and North Indian languages, morefully described in the schedule
items hereunder inclusive of commercial, non-commercial, non-theatrical
media, world television rights, world video rights, world satellite rights,
pay Tv, Pay-per-view, cable Tv rights, DVD, VCD, LD, Internet and web
based technology rights DTU (Direct to User) and DTH (Direct to Home)
rights, and all other rights in whatsoever manner including the future
scientific advancement and technological rights in respect of the suit
film; (b) To award the costs of this suit.
Prayer in C.S (Com.Div) No.787 of 2018: This Civil Suit is filed under
Order IV Rule 1 Original Side Rules read with Order VII Rule 1 of CPC
read with Section 55 and 62 of Copyright Act, 1955, prayed for (a) For
the relief of declaration declaring that the plaintiff is the absolute copy
right owner in the suit film “1945” bilingual dubbing rights in Hindi and
North Indian Languages morefully described in the schedule hereunder
having the rights of distribution, exhibition, exploitation rights, inclusive
of commercial, non-commercial, non theatrical medias world television
rights, world video rights, world satellite rights, pay Tv, Pay-per-view,
cable Tv rights, DVD, VCD, LD, Internet and web based technology
rights DTU (Direct to User) and DTH (Direct to Home) rights, and all
other rights in whatsoever manner including the future scientific
advancement and technological rights for the territories of entire world
including India in respect of the suit film for a perpetual period of 99
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and O.A.Nos.86 of 2020
&1087 of 2018
years; (b) Granting permanent injunction restraining the 2nd and 3rd
defendants their agents, servants, each and every person or persons in
any manner interfering with or infringing the plaintiff's copy right in the
suit film “1945”, bilingual dubbing rights in Hindi and North Indian
languages, morefully described in the schedule items hereunder inclusive
of commercial, non-commercial, non-theatrical media, world television
rights, world video rights, world satellite rights, pay Tv, Pay-per-view,
cable Tv rights, DVD, VCD, LD, Internet and web based technology
rights DTU (Direct to User) and DTH (Direct to Home) rights, and all
other rights in whatsoever manner including the future scientific
advancement and technological rights in respect of the suit film; (c ) the
costs of this suit.
For plaintiff in C.S.787/2018 : Mr.PL.Narayanan
For plaintiff in C.S.54/2020 : No appearance
For Defendant in both C.S : No appearance
COMMON JUDGMENT
From the submission of the learned counsel, it appears that the
parties had settled their dispute out of Court and there is no instruction
from the parties to pursue the suits.
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and O.A.Nos.86 of 2020
&1087 of 2018
2. In the light of the above fact both C.S.No.54 of 2020 and
C.S.No.787 of 2018 are dismissed for non-prosecution. Consequently,
connected applications are also closed. No costs.
21.06.2021
Speaking Order / Non-Speaking Order
Index : yes/no
rpl
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and O.A.Nos.86 of 2020
&1087 of 2018
Dr.G.JAYACHANDRAN,J.
rpl
C.S.(Com.Div.) Nos.54 of 2020 & 787 of 2018
and O.A.Nos.86 of 2020
&1087 of 2018
21.06.2021
https://www.mhc.tn.gov.in/judis/
