Madras High Court
M/S Sun Tv Network Ltd vs M/S.Magic Frames on 1 September, 2021
C.S.No.340 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.340 of 2014
M/s Sun TV Network Ltd.
Rep. by its Authorised Signatory, Mr.M.Jothi Basu
Murasoli Maran Towers,
73 MRC Nagar Main Road,
MRC Nagar, Chennai - 28. ...Plaintiff
Vs.
1.M/s.Magic Frames,
Rep. By its Partners,
Mrs.R.Radhikaa Sarathkumar,
Mr.Listin Stephen,
No.10, Paul Appasamy Street,
T.Nagar, Chennai – 600 017.
2. Vendhar TV
TRAC Media Pvt. Ltd.
By its Directors
Mr.Ravi Pachamuthu &
Mr.Sathyanarayana Pachamuthu
No:34, North Phase,
Kalaimagal Nagar, Behind Jaya TV,
Ekkatuthangal, Chennai 600 032. ...Defendants
Prayer: Plaint filed under Order IV, Rule 1 of O.S. Rules read with Sec 55 &
62 of the Copy Rights Act & VII Rule 1 of C.P.C, praying as follows:-
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C.S.No.340 of 2014
a) Declaration that the plaintiff is the sole and exclusive copyright
holder for broadcasting the Tamil film “PULIVAAL” starring Vimal,
Prasanna, Ananya, Oviya, Iniya, Thambi Ramaiya, Soori and others through
satellite Television Broadcast, Direct to Home Broadcast, direct satellite
service, internet video streaming through all forms, I.P. TV, broadband,
telephone, telephony, cell phone radio (all dimensions) VCD, DVD, video
on demand, movie on demand, video, High definition (HD), laser disc, blue
ray, u-matic, inflight, airborne, railborne, terrestrial television broadcast (all
dimensions) through cable/via cable TV, local delivery system, MMDS,
paper view, seaborne, all modes of public/private transportation, public
service broadcasting, private communication/broadcast, wire, wireless, 2D
& 3D formats/dimensions of the film or any other formats/dimensions
which may be in existence now or invented in future or through any other
forms, means and modes and any forms of communication like signs,
signals, writing, pictures, images and sounds of all kinds of transmission of
electro magnetic waves through space or through cables intended to be
received by the general public either directly or indirectly through the
medium of relay stations and all its grammatical variations and cognate
expressions shall be construed accordingly or any other systems without
restriction of geographical area and including all channels of Doordarshan,
for a perpetual period of 99 years.
b) consequential permanent injunction restraining the Defendants,
their men, representatives, agents and anybody on behalf of the Defendants
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C.S.No.340 of 2014
from in anyway exhibiting or exploiting the Tamil film “THANGA
MEENGAL” starring Vimal, Prasanna, Ananya, Oviya, Iniya, Thambi
Ramaiya, Soori and others through satellite Television Broadcast Direct to
Home broadcast, direct satellite service, internet video streaming through all
forms, I.P. TV, broadband, telephone, telephony, cell phone radio (all
dimensions) VCD, DVD, video on demand, movie on demand, video, High
definition (HD), laser disc, blue ray, u-matic, inflight, airborne, railborne,
terrestrial television broadcast (all dimensions) through cable/via cable TV,
local delivery system, MMDS, paper view, seaborne, all modes of
public/private transportation, public service broadcasting, private
communication/broadcast, wire, wireless, 2D & 3D formats/dimensions of
the film or any other formats/dimensions which may be in existence now or
invented in future or through any other forms, means and modes and any
forms of communication like signs, signals, writing, pictures, images and
sounds of all kinds of transmission of electro magnetic waves through space
or through cables intended to be received by the general public either
directly or indirectly through the medium of relay stations and all its
grammatical variations and cognate expressions shall be construed
accordingly or any other systems without restriction of geographical area
and including all channels of Doordarshan for a perpetual period.
c) to pay cost
For Plaintiff : Mrs.M.Sneha
For Defendants : Mr.R.Rajarajan for D2
Mr.Harishankarmani for D1
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C.S.No.340 of 2014
JUDGMENT
Mrs.M.Sneha, learned counsel appearing for the plaintiff would
submit that the parties have settled the matter hence, the suit may be
dismissed as settled out of Court.
2.Recording the said statement, this suit is dismissed as settled out
of Court. No costs. Consequently, connected applications, if any, are
closed.
01.09.2021
kkn
Internet:Yes
Index:No
Non-speaking
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C.S.No.340 of 2014
List of witness examined on the side of the plaintiff:
Mr.M.Jyothi Basu (P.W.1)
List of documents marked on the side of the plaintiff:
S.No. Description of Documents Exhibit
1 The original Authorization letter dated 14.11.2011. Ex.P1
2 The attested photocopy of the Assignment Agreement dated Ex.P2
19.11.2013.
3 The Attested photocopy of the Letter dated 21.11.2013 from the 1st Ex.P3
defendant to Lab.
4 The Attested photocopy of the Lab letter dated 21.11.2013. Ex.P4
5 The Attested photocopy of the Cheque No.032758 dated 25.12.2013. Ex.P5
6 The Attested photocopy of the Censor Certificate dated 28.01.2014. Ex.P6
7 The Attested photocopy of the Supplementary agreement dated Ex.P7
03.02.2014.
8 The Attested photocopy of the Lab letter dated 05.02.2014. Ex.P8
9 The Attested photocopy of the Cheque No.037002 dated 05.02.2014. Ex.P9
10 The Original CD dated 25.05.2014. Ex.P10
List of witness and documents filed on the side of the defendants:
Nil
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C.S.No.340 of 2014
01.09.2021
kkn
R.SUBRAMANIAN, J.
KKN
C.S.No.340 of 2014
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C.S.No.340 of 2014
01.09.2021
https://www.mhc.tn.gov.in/judis/
