Madras High Court
Sree Devi Video Corporation vs M/S. Ganga Gowri Productions on 2 November, 2021
CS No.394 of 2005
0- IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02.11.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.394 of 2005
and OA No.483 of 2005
Sree Devi Video Corporation,
Rep. by its Partner,
Ghanshyamdas Hemdev
No.73 Nungambakkam High Road,
Chennai 600 034. ... Plaintiff
Vs
1. M/s. Ganga Gowri Productions,
Rep. by Mr.Vishnu Ram
2. Messrs Gemini Colour Laboratory
No.2 Vembuliamman Koil Street,
Virugambakkam, Chennai 600 092. ... Defendants
Prayer : Plaint filed under Sections 55 and 62 of the Indian Copyright Act
1957 read with Order IV Rule 1 of the High Court Original Side Rules and
Order VII Rule 1 of the Code of Civil Procedure, praying for the following
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CS No.394 of 2005
judgment and decree:-
(a) For a declaration that the plaintiff is the absolute
owner of the limited copyrights viz., Entire Video
Copyrights, VCD, DVD, etc. Cable TV, Web/Internet,
Terrestrial Television Rights for entire World including
India etc. in the schedule mentioned films as per the
agreement dated 29.05.2000 for perpetual period;
(b) For a permanent injunction restraining the
defendants, their men, agents, servants or assigns from in
any manner infringing the limited copyrights viz., Entire
Video Copyrights, VCD, DVD, etc. Cable TV,
Web/Internet, Terrestrial Television Rights for entire
World including India etc. in the films described in the
schedule to the plaint as per the agreement dated
29.05.2000 by exploiting or otherwise for perpetual
period;
(c) For costs of the suit.
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https://www.mhc.tn.gov.in/judis/
CS No.394 of 2005
For Plaintiff : Mr.Monica Chopra
for M/s. K.Harishankar
For Defendants : set exparte
JUDGMENT
The plaintiff seeks a declaration of its broadcasting rights of three
Tamil movies Ganga Gowri, Moovender and Ponnu Veetukaran. According
to the plaintiff, the first defendant who is the producer of these movies had
assigned the rights for broadcasting the movies through VCD, DVD, Cable
TV, Web/Internet, Terrestrial Television Channel, etc., in favour of the
plaintiff under an agreement dated 29.05.2000. Claiming that the first
defendant, who is the producer, is illegally exploiting the copyright and
attempting to broadcast the movies through the above sources, the plaintiff
has come up with the above suit.
2. Since the defendants could not be served through regular modes,
substituted service was effected and completion of service was recorded on
https://www.mhc.tn.gov.in/judis/
CS No.394 of 2005
13.09.2021. The second defendant was served on 07.05.2005, no written
statement was filed by the second defendant. The second defendant is only a
Laboratory and it is a formal party.
3. The plaintiff has examined one Ghanshyam Hemdev as P.W.1. He
has filed a proof affidavit reiterating the averments made in the petition. The
copy of the Agreement dated 29.05.2000 has been filed as Ex.P1 and the
Laboratory letter dated 31.05.2002 has been filed as Ex.P2.
4. A perusal of Ex.P1 shows that the producer of the movie namely
the first defendant had in fact assigned the rights in the three movies in
favour of the plaintiff. The first defendant has also written to the Lab,
requesting the Lab to lend negatives to the plaintiff for exploitation. The
above evidence would conclusively prove that the plaintiff is the owner of
the copy right for broadcasting through VCD, DVD, Cable TV,
Web/Internet, telecasting through Terrestrial Television Channel, etc.
https://www.mhc.tn.gov.in/judis/
CS No.394 of 2005
5. In view of the above evidence, I conclude that the plaintiff is entitled
to a decree as prayed for. The suit is decreed as prayed for. The connected
original application is closed. No costs.
jv 02.11.2021
Index : No
Internet : Yes
Speaking order/Non Speaking order
https://www.mhc.tn.gov.in/judis/
CS No.394 of 2005
List of Witness examined on the side of the plaintiff:
PW1 – Mr. Ghanshyam Hemdev
List of Exhibits marked on the side of the Plaintiff:
S. No. Exhibits Description of Documents Date
1 Ex.P1 Photocopy of the Agreement 29.05.2000
2 Ex.P2 Photocopy of the Laboratory letter 31.05.2002
List of Witness examined on the side of the Defendants: Nil
List of Exhibits marked on the side of the Defendants : Nil
02.11.2021
jv
To
The Sub Assistant Registrar,
Original Side,
High Court of Madras, Chennai 104.
https://www.mhc.tn.gov.in/judis/
CS No.394 of 2005
R.SUBRAMANIAN,J.
jv
C.S.No.394 of 2005
and OA No.483 of 2005
02.11.2021
https://www.mhc.tn.gov.in/judis/
