Varghese Kurian vs Ajmal Hassan
2021 Latest Caselaw 5808 Mad

                                                                                         C.S.No.289 of 2002


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 04.03.2021

                                                           CORAM:

                                      THE HON'BLE JUSTICE C.V.KARTHIKEYAN

                                                     C.S.No.289 of 2002


                   Varghese Kurian
                   Proprietor
                   Appus International Rep by
                   Power of Attorney Agent
                   Captain Raju.                                                             ... Plaintiff
                                                             ..Vs..

                   1.Ajmal Hassan, Proprietor
                     Arifa Combines.

                   2.Golden Cine Creations

                   3.Gemini Industries and Imaging Ltd
                     Owning Gemini Colour Laboratory.                                    ... Defendants

                   PRAYER : Plaint filed under and Order IV Rule 1 of the O.S.Rules read

                   with Order VII Rule 1 of C.P.C Rules and Sections 55 and 62 of the

                   Copyright Act, 1957, prayed for a Judgment and Decree:-



                                   (a) For a declaration that the plaintiff is the absolute owner of the

                   limited copyright namely the tamil dubbing rights of the Malayalam picture


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https://www.mhc.tn.gov.in/judis/
                                                                                     C.S.No.289 of 2002


                   Itha Oru Snehagatha starring Thilagan, Nedumudi Venu, etc. and directed by

                   Captain Raju now titled as THRILL;



                                   (b) For a permanent injunction restraining the defendants, their

                   men, agents, servants or any other acting on their behalf or authorized by

                   them from infringing the plaintiff's limited copyright namely the tamil

                   dubbing rights of the Malayalam Picture Itha Oru Snehagatha now titled as

                   THRILL by producing or releasing the said picture;



                                   (c) for cost of the suit.



                                       For Plaintiff      : M/s.C.Ramesh

                                                               *******



                                                         JUDGMENT

Suit had been filed under Sections 55 and 62 of the Copyrights

Act by the plaintiff seeking a declaration that the plaintiff is the absolute

owner of the limited copyright namely the Tamil dubbing rights of the

Malayalam Picture 'Itha Oru Snehagatha' now titled as THRILL and for a

https://www.mhc.tn.gov.in/judis/ C.S.No.289 of 2002

permanent injunction restraining the defendants from infringing the limited

copyright of the plaintiff.

2. Naturally, since the relief sought is with respect to an assertion

of Intellectual Property right, the Commercial Division of this Court has

jurisdiction to examine the issues raised under Section 2(1)(c)(xvii) of the

Commercial Courts Act, 2015.

3. A perusal of the records reveal that the suit had been filed in the

year 2002 and is pending without any actual progress being made or any

relief granted to the plaintiff. Plaintiff was directed to file an affidavit as to

whether the cause of action still survives. It is obvious that the plaintiff is

not interested to prosecute the suit, since no such affidavit has been filed.

4. In view of these facts, the suit is dismissed for non-prosecution.

No order as to costs.

04.03.2021 Index : Yes / No Web : Yes / No rna

https://www.mhc.tn.gov.in/judis/ C.S.No.289 of 2002

C.V.KARTHIKEYAN, J

rna

C.S.No.289 of 2002

04.03.2021

https://www.mhc.tn.gov.in/judis/