G.V.Films Limited vs Gemini Industries And Imaging Ltd
2021 Latest Caselaw 12698 Mad

                                                                    C.S.No.218 of 2001
          IN THE HIGH COURT OF JUDICATURE AT MADRAS
                               DATED: 29.06.2021
                                   CORAM:
         THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                               C.S.No.218 of 2001

G.V.Films Limited
rep. By its Managing Director,
                                            Mr.G.Venkateswaran           ...Plaintiff

                                      Vs.

1.Gemini Industries and Imaging Ltd.,
 Laboratory Department.

      2.Asian Capital Consolidates & Holdings P.Ltd.,                ...Defendants


Prayer: Plaint filed under Sections 55 & 62 of the Copy Right Act, 1957 r/w.
Order IV Rule 1 of the Original Side rules r/w. Order VII Rule 1 of C.P.C.,
praying as follows:-

      a) granting a mandatory injunction directing the first defenant to
permit the plaintiff or their authorized representative to remove from the
custody of the first defendant the negatives (both picture and sound) of all
the 35 cinematograph films listed in schedule 'A' of this plaint;

      b) granting permanent injunction restraining the defendants 1 and 2,
their agents, servants and all those who claim under or through them from
casting cloud on or interfering with in any manner the exercise of the
plaintiff's copyright in and over the 35 cinematograph films listed in
schedule 'A' of this plaint;
1/4
                                                                  C.S.No.218 of 2001
       c) directing the defendants 1 and 2 to pay to the plaintiff the costs of
this suit;

       d) grant such further or other orders as this Hon'ble Court may deem
fit and proper under the facts and circumstances of the case and thus render
justice.



             For Plaintiff : No Appearance

             For Defendants        : No Appearance



                         JUDGMENT

The suit is one for infringement of a copyright, which falls within the

meaning of the term 'commercial dispute' as defined under Section 2 (1)(c)

(xvii) of the Commercial Courts Act, 2015. The jurisdiction is therefore,

determined and the Commercial Division takes cognizance of the suit.

2.On 22.06.2021, Mr.R.Murugan, learned counsel for the plaintiff had

reported that the plaintiff had taken back the papers along with the consent

for change of Vakalat. Registry was directed to verify as to whether any new

counsel had entered appearance. It is now reported that no new counsel had

entered appearance. The name of the plaintiff is printed in the cause list.

Despite the same, there is no representation for the plaintiff.

C.S.No.218 of 2001

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

29.06.2021 kkn

Internet:Yes Index:No Non-Speaking

List of witness and documents filed on the side of the plaintiff:

Nil

List of witness and documents filed on the side of the defendants:

Nil

29.06.2021 kkn

R.SUBRAMANIAN, J.

KKN

C.S.No.218 of 2001

C.S.No.218 of 2001

29.06.2021