M/S.Bavaria International vs Tamil Ponnie Art
2021 Latest Caselaw 12579 Mad

                                                                    C.S.No.520 of 1999

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 28.06.2021

                                                       CORAM

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                               C.S.No.520 of 1999


                     M/s.Bavaria International
                     No.3, Mada Church Road,
                     Mandavelipakkam, Chennai – 600 028,
                     rep. by Proprietor
                     Mr.L.Adaikalraj                                   ...Plaintiff

                                                        .Vs.

                     1.Tamil Ponnie Art
                       No.41, Second Street,
                       Kumaran Colony
                       Vadapalani
                       Madras – 600 026.
                       rep. by its Power of Attorney
                       Holder Mr.Aabaavanan

                     2.Lakshmi Productions
                       No.52, Dr.B.N.Road
                       T.Nagar, Madras – 600 017.

                     3.Aabaavanan                                     ... Defendants




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                                                                                    C.S.No.520 of 1999

                               Plaint filed under Sections 55 and 62 of Copyright Act read with
                     Order XXXVII Rule 1 of the Original Side Rules praying for a judgment
                     and decree for:
                               a) permanent injunction restraining the defendants their men,
                     agents or servants from in any manner infringing the plaintiffs copyright
                     over the negatives (both sound and picture) of the cinematography Tamil
                     full length feature film “Senthoora Poove” in 35 mm colour starring
                     Vijayakanth, Ramki, Nirosha and others directed by P.R.Devaraj and
                               b) to direct the defendants to pay the costs of the suit.

                                     For Plaintiff        : Mr.A.Umashankar

                                                          ********


                                                  JUDGMENT

The suit is one for injunction restraining the defendants from

infringing the copyrights of the plaintiff over the cinematography film

“Senthoora Poove”.

2. Heard Mr.A.Umashankar, learned counsel appearing for the

plaintiff.

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3. The suit itself is of the year 1999. The movie was released long

back. The plaintiff is a financier who has obtained certain rights over the

movie. Now, the movie itself has been released, I do not think that the

suit survives.

4. Hence, the suit is dismissed under Rule 3(a) of Order XIII A of

the Code of Civil Procedure as amended by the Commercial Courts Act,

2015, reserving the liberty to the plaintiff to take appropriate action if

there is any violation in future. No costs.

                                                                                       28.06.2021
                     dsa
                     Index      : No
                     Internet   : Yes
                     Non-speaking order

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

28.06.2021 dsa

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R.SUBRAMANIAN, J.

dsa

C.S.No.520 of 1999

28.06.2021

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