Madras High Court
Asianet Communications Ltd vs Kairali Chennai on 9 March, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.03.2021
CORAM :
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No. 294 of 2002
Asianet Communications Ltd.,
Represented by its DGM (Finance)
Mr. Srinivasa Raghavan. ... Plaintiff
Vs.
1. KAIRALI Chennai,
Owned and Controlled by
Malayalam Communications Ltd.,
Represented by its Managing Director,
and also its Chief Operations Officer,
Mr. Krishna Kumar,
'Chandragiri', Vikramapuri Hills - 61,
Karuvankonam, Kavadiyar - P.O.,
Thiruvananthapuram - 695023.
2. President Movies,
Represented by Shri P.D. Abraham alias Appachan
Jail Road,
P.O. Puthiyara,
Kozhikode - 673 004. ... Defendants
Prayer:
Civil Suit is filed under Sections 55 and 62 of the Copyright Act, 1957
r/w Order IV Rule 1 of the O.S. Rules and under Order VII Rule 1 of CPC,
(a) for a permanent injunction, restraining the defendants, their agents, men,
https://www.mhc.tn.gov.in/judis/
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representatives, assigns and anyone whosoever claiming through the
defendants from in any manner infringing the plaintiff's copyright in respect
of the exclusive satellite television telecast rights of the Malayalam feature
film "VIETNAM COLONY", in whole or reproduction of any part thereof,
by exploitation for public or private viewing by broadcasting on the 1st
defendant's channel or on any other channel by satellite telecast;
(b) directing the 1st defendant to pay to the plaintiff damages
amounting to a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) along with
interest 18% per annum from the date of plaint till the date of realization and
(c) for costs.
For Plaintiff : Mr. Perumbulavil Radhakrishnan
Defendants : Ms. Anna Mathew (For D1)
Mrs.S. Subbulakshmi (For D2)
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JUDGMENT
Heard Mr.Perumbulavil Radhakrishnan, learned counsel for the
plaintiff and Ms.Anna Mathew, learned counsel for the defendants.
https://www.mhc.tn.gov.in/judis/
2. The suit had been filed under Sections 55 and 62 of the
Copyright Act, 1957 seeking judgment and decree of permanent injunction
restraining the defendants from interfering with the Copyright of the plaintiff
with respect to the Malayalam feature film "VIETNAM COLONY" and for
damages of Rs.2,00,000/- for the cost of the suit.
3. Since it is an assertion of an intellectual property right, the
Commercial Division of this Court will have necessary jurisdiction to
determine the issues had been raised under Section 2(1)(c) (xvii) of the
Commercial Courts Act, 2015.
4. It is informed by Mr.Perumbulavil Radhakrishnan that the
defendants had entered appearance, contested the suit, and issues had also
been framed and the parties had also let in evidence and arguments were also
advanced in January, 2014. But, unfortunately there is no record of any
judgment being delivered. But to the credit of Mr.Perumbulavil
Radhakrishnan, it is stated that the cause of action does not survive as on
date.
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5. In view of these facts, the Civil Suit is dismissed since the cause
of action does not survive as on date. If the plaintiff has any grievance
against either one of the present defendants or against any other party with
respect to the same issue, the plaintiff may on that particular subsequent
cause of action if advised so, may institute a fresh suit. There can be a bar
for the same.
6. With the above observations, the Civil Suit is dismissed. The
plaintiff is entitled for refund of Court Fee in accordance with the Rules. No
order as to costs.
09.03.2021
msm
Index : Yes
Internet : Yes
Speaking order : Yes/No
https://www.mhc.tn.gov.in/judis/
C.V.KARTHIKEYAN, J.
msm
C.S.No. 294 of 2002
09.03.2021
https://www.mhc.tn.gov.in/judis/
