M/S.Indo Overseas Films vs Jorden Electronics
2021 Latest Caselaw 18365 Mad

Citation : 2021 Latest Caselaw 18365 Mad
Judgement Date : 7 September, 2021

Madras High Court

M/S.Indo Overseas Films vs Jorden Electronics on 7 September, 2021

                                                                                      C.S.No.490 of 2003

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 07.09.2021
                                                         CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    C.S.No.490 of 2003

                      M/s.Indo Overseas Films,
                      Rep. By its Partner Firoz Elias,
                      No.3, 2nd Floor, Arumugha Street,
                      Mount Road, Chennai – 600 002.                                       ...Plaintiff
                                                            Vs.
                      1.Jorden Electronics,
                        Rep. By its Authorised Signatory,
                        Niel Gaagan Goel, No.257, Palika Bazar,
                        Connaught Place, New Delhi.

                      2.Star Entertainment (P) Ltd.,
                        No.701-A, Niranjan,
                        99, Marine Drive, Mumbai – 400 002.

                      3.Ultra Distributors (P) Ltd.,
                        2-C, Thakkar Ind. Estate,
                        N.M.Joshi Marg, Lower Parel (E),
                        Mumbai – 400 011.                                              ...Defendants

                      Prayer: Plaint filed under Section 55, 60 and 62 of the Indian Copyright Act,
                      1955, r/w. Order IV Rules 1 & 2 of the Original Side Rules, praying as
                      follows:-
                                  a) for a declaration that the plaintiff are the sole, exclusive and
                      absolute owners of the limited copy right in respect of Video, VCD, DVD,
                      Cable TV, Pay TV and Free TV rights, etc., of the suit pictures mentioned in

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                                                                                       C.S.No.490 of 2003

                      the schedule to the plaint for the territories of entire India for a period of
                      seven years;
                                ii) for a permanent injunction restraining the Defendant, their
                      agents, servants, representatives, or anybody claiming through or under
                      them from in any manner infringing the limited copy right of the Plaintiff in
                      respect of Video, VCD, DVD, Cable TV, Pay TV and Free TV rights, etc., of
                      the suit pictures mentioned in the schedule to the plaint either by causing
                      any publications in Newspapers, Magazines etc., or in any other manner
                      whatsoever;
                                iii) to award the costs of the suit.
                                           For Plaintiff         : Mr.A.Chidambaram
                                           For Defendants        : Mr.K.Harishankar for
                                                                       Mr.C.Ramesh for D1 & D2
                                                                   D3 – No Appearance
                                                               JUDGMENT

Heard Mr.A.Chidambaram, learned counsel appearing for the

plaintiff and Mr.K.Harishankar, learned counsel appearing for the

defendants 1 and 2. 3rd defendant though served, has not chosen to appear

either in person or through counsel, duly instructed. The 1 st prayer in the

plaint reads as follows:-

“a) for a declaration that the plaintiff are the sole, exclusive and absolute owners of the limited copy right in respect of Video, VCD, DVD, Cable TV, Pay TV and Free TV rights, etc.,

http://www.judis.nic.in C.S.No.490 of 2003

of the suit pictures mentioned in the schedule to the plaint for the territories of entire India “for a period of seven years”.”

3.The suit was filed in the year 2003. Almost 18 years have

lapsed. The plaintiff's right itself has expired. Similarly, the 2 nd defendant

claims right under two agreements dated 31.01.2003 and 23.04.2001.

Under the agreement dated 31.01.2003, the 2nd defendant is entitled to

exploit the pictures for a period of five years i.e., till 28.02.2008. As per the

agreement dated 23.04.2001, the 2nd defendant is entitled to exploit the

picture till 22.04.2011. Admittedly, the period contemplated under those

two agreements have expired. Therefore, nothing survives in the suit and

there is no chance of success for the plaintiff. Hence, this suit is dismissed

under Order XIII-A Rule 3 of the Code of Civil Procedure as amended by the

Commercial Courts Act, 2015. No costs.

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

Nil