Madras High Court
A.Mohan Alse vs Anandam Academy on 8 April, 2022
C.S.No.49 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.49 of 2006
A.Mohan Alse ... Plaintiff
Vs.
1. Anandam Academy, a partnership firm
rep by its Partners.
2. Prasad Film Laboratories
58, Arunalachalam Road
Saligramam, Chennai - 93.
3. Nageswara Rao
[3rd defendant impleaded as per orders
dated 15.03.2006 made in A.No.1200/2006]
4. M/s.Prasad Film Laboratories Pvt. Ltd.
L.V.Prasad Marg
Banjara Hills, Hyderabad - 34.
[4th defendant impleaded as per orders
dated 10.04.2006 made in A.No.1599/2006]
5. A.Mallikarjuna
[5th defendant impleaded as per orders
dated 22.06.2007 made in A.No.3914/2007] ... Defendants
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C.S.No.49 of 2006
Plaint filed under Order IV Rule 1 of O.S. Rules read with Order
VII Rule 1 of CPC and Sections 55 & 62 of the Copyright Act 1957,
praying for a judgment and decree as follows :
a) for a declaration that the plaintiff is the absolute owner of the
limited Copyright viz., the sole and exclusive rights of entire world
satellite rights in all medias, performing rights, copying rights, archives,
radio diffusion rights, airborne, seaborne, railborne rights, Internet rights,
Web T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT
Broadband, Telephony Rights, Broadcasting Service, Satellite T.V,
Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on
demand rights in the Telugu Talkie Picture titled BHAGIRTHA - Telugu
starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period
of 25 years from 31.08.2005.
b) for a permanent injunction restraining the defendants, their men,
agents, officers, etc. from interfering or infringing the plaintiff's limited
copyright viz., the sole and exclusive rights of entire world satellite
rights in all medias, performing rights, copying rights, archives, radio
diffusion rights, airborne, seaborne, railborne rights, Internet rights, Web
T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT
Broadband, Telephony Rights, Broadcasting Service, Satellite T.V,
Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on
demand rights in the Telugu Talkie Picture titled BHAGIRTHA – Telugu
starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period
of 25 years from 31.08.2005.
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C.S.No.49 of 2006
c) directing the defendants to pay the costs of the suit.
For Plaintiff : Mr.C.Ramesh
For D1, D3, D4 & D5 : Set Exparte on 23.12.2021
For D2 : No Appearance
JUDGMENT
The suit is filed by the plaintiff seeking the following reliefs :
a) for a declaration that the plaintiff is the absolute owner of the
limited Copyright viz., the sole and exclusive rights of entire world
satellite rights in all medias, performing rights, copying rights, archives,
radio diffusion rights, airborne, seaborne, railborne rights, Internet rights,
Web T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT
Broadband, Telephony Rights, Broadcasting Service, Satellite T.V,
Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on
demand rights in the Telugu Talkie Picture titled BHAGIRTHA - Telugu
starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period
of 25 years from 31.08.2005.
b) for a permanent injunction restraining the defendants, their men,
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C.S.No.49 of 2006
agents, officers, etc. from interfering or infringing the plaintiff's limited
copyright viz., the sole and exclusive rights of entire world satellite
rights in all medias, performing rights, copying rights, archives, radio
diffusion rights, airborne, seaborne, railborne rights, Internet rights, Web
T.V, Pay T.V, All Doordharshan Kendras Rights, IP T.V. DVBT
Broadband, Telephony Rights, Broadcasting Service, Satellite T.V,
Satellite Radio Broadcast, Cable T.V, Direct to Home Service, Video on
demand rights in the Telugu Talkie Picture titled BHAGIRTHA – Telugu
starring Ravi Teja, Shreya etc and directed by Rasool Elora for a period
of 25 years from 31.08.2005.
c) for a direction that the defendants to pay the costs of the suit.
2. The brief facts of the case as averred in the plaint are as follows:
i) The plaintiff is carrying on business as distributor of motion
pictures in all gauges. The 1st defendant as producer and negative rights
holder of the Telugu Talkie Picture titled BHAGIRTHA - Telugu starring
Ravi Teja, Shreya etc and directed by Rasool Elora assigned the sole and
exclusive rights of entire world satellite rights in all medias, performing
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C.S.No.49 of 2006
rights, copying rights, archives, radio diffusion rights, airborne, seaborne,
railborne rights, Internet rights, Web T.V, Pay T.V, All Doordharshan
Kendras Rights, IP T.V. DVBT Broadband, Telephony Rights,
Broadcasting Service, Satellite T.V, Satellite Radio Broadcast, Cable
T.V, Direct to Home Service, Video on demand rights under an
Agreement dated 31.08.2005 to the plaintiff for a total consideration of
Rs.50,00,000/- for a period of 25 years.
ii) The plaintiff paid a sum of Rs.20,00,000/- by Demand Draft
bearing No.152383 dated 31.08.2005 drawn on HDFC Bank, payable at
Hyderabad and Rs.5,00,000/- by Demand Draft bearing No.872186 dated
06.09.2005 drawn on Andhra Bank as per the terms of the agreement.
The balance amount of Rs.25,00,000/- is payable only on receipt of a
letter from the Laboratory confirming the rights that are assigned in
favour of the plaintiff. However, the plaintiff at request of the defendant
paid the sum of Rs.25,00,000/- by Demand Draft bearing No.005116
dated 10.10.2005 drawn on HDFC Bank, payable at Hyderabad on the
specific assurance that the letter from the Laboratory will be handed over
soon. The 1st defendant by his letter dated 24.10.2005 acknowledged
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C.S.No.49 of 2006
receipt of the entire consideration full and further undertook to handover
the Laboratory letter on or before 01.11.2005. Thus, the plaintiff has
validly acquired the said rights for a period of 25 years from 31.08.2005.
iii) The plaintiff has been awaiting the letter from the laboratory
confirming the rights in his favour through the 1st defendant. However,
the 1st defendant has been evading to keep up their commitment which
compelled the plaintiff to issue a notice through his Advocate on
30.11.2005 calling upon the 1st defendant to handover the letter. Despite
receipt of the said notice, there is no response from the 1 st defendant. In
the meanwhile, some third parties in the film market have made a claim
that the rights which are already been assigned to the plaintiff is vested
with them, which is not only illegal but also in infringement of the
plaintiff's limited Copyright. Hence, the above suit was filed before this
Court.
3. Heard the learned counsel for the plaintiff and perused the
materials available on record.
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C.S.No.49 of 2006
4. On perusal of the records, it is seen that the plaintiff had entered
into an agreement with the 1st defendant on 31.08.2005 for the
Assignment of Satellite Rights of the Film “BHAGIRTHA” for a total
consideration of Rs.50,00,000/- for a period of 25 years. As per the
agreement, the plaintiff has paid the entire consideration of
Rs.50,00,000/- for the said assignment. In spite of the same, 1st defendant
has not assigned the rights of the film in favour of the plaintiff. Hence,
the present suit.
5. On going through the typed set of papers, especially in the letter
dated 24.10.2005, the 1st defendant themselves have admitted the receipt
of the payment Rs.50,00,000/- from the plaintiff and confirmed the rights
over the film in favour of the plaintiff. In view of the same, it is clear that
the plaintiff is the absolute copyright owner of the film “BHAGIRTHA”
all over the world. Further, the agreement made between the parties for a
period of 25 years from 31.08.2005 is still in subsistence. Hence, this
Court is of the view that the defendants have no right to claim copyright
of the said film till the completion of the period as per the agreement i.e.
till 30.08.2030.
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C.S.No.49 of 2006
V.BHAVANI SUBBAROYAN.J.,
raja
6. Accordingly, this Civil Suit is allowed and decreed as prayed
for. No costs.
08.04.2022
raja
C.S.No.49 of 2006
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