Madras High Court
K.P. Ravichandran vs M/S.Sree Amman Creations on 12 April, 2022
C.S.No. 697 of 2008 and O.A.No.794 of 2008
and C.S.No.782 of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 12.04.2022
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.S.No. 697 of 2008 and O.A.No.794 of 2008 and C.S.No.782 of 2000
1.K.P. Ravichandran ..Plaintiff in
C.S.No.697/2008
2.S.A. Rajkannu Plaintiff in
C.S.No.782/2000
Versus
1.M/s.Sree Amman Creations,
Represented by its Proprietor S.A. Rajkannu
No.7, 3rd Street, Dr.Thirumoorthy Nagar,
Nungambakkam, Chennai - 600 034. .... 1st Defendant in
C.S.No.697/2008
2. M/s. Moser Baer India Limited,
Represented by its Proprietor
No.81, Valluvar Kottam High Road,
Nungambakkam, Chennai - 600 034. ...2nd Defendant in
C.S.No.697/2008
3.P. Ganesan,
Proprietor of M/s.R.R.Films,
Priya Complex,Gopalapuram
Coimbatore- 18. ... 1st Defendant in
C.S.No.782/2000
4. M/s. Prasad Laboratory,
Arunachalam Road,
Chennai - 600 093. ... 2nd Defendant in
C.S.No.782/2000
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C.S.No. 697 of 2008 and O.A.No.794 of 2008
and C.S.No.782 of 2000
Prayer in C.S.No. 697 of 2008:
Civil Suit filed under Order IV Rule 1 and 2 of Madras High Court
Original Side Rules read with Sections 52 to 55 and 62 of the Copy Right
Act, praying judgment and decree;
(i) for a declaration that the plaintiff is the sole, exclusive and
absolute owner of the limited copy right in respect of VCD/DVD and
Broadband rights of the 12 Tamil pictures entioned in the suit schedule for
the entire Indian Territories;
(ii) for permanent injunction restraining the 2nd defendant herein or
their en, agents, servants or distributors or anybody claiming through or
under them from in any manner infringing the limited copy right of the
plaintiff in respect of the 12 Tamil suit pictures mentioned in the schedule
anywhere in India;
(iii) for directing the 2nd defendant to render true proper accounts in
respect of the revenues earned by them out of the illegal marketing and
distribution of the VCD/DVD of three pictures namely, 16 Vayathiniley
and Kizhakke Pogum Rayil and Mahanadhi within the time to be fixed by
this Court and to pay same to the plaintiff together with interest at the rate
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https://www.mhc.tn.gov.in/judis
C.S.No. 697 of 2008 and O.A.No.794 of 2008
and C.S.No.782 of 2000
of 24% p.a. from the date of suit till the date of payment and (iv) for costs.
Prayer in C.S.No.782 of 2000:
Civil Suit filed Under Sections and 62 of the Indian Copy Right Act,
1957 read with Order IV Rules 1 and 2 of the Original Side Rules, praying
judgment and decree;
1. for a declaration that the plaintiff is the sole, exclusive and
absolute owner of the Copy Right in respect of the suit pictures excepting
the 35 MM theatrical rights.
2. for a permanent injunction restraining the second defendant, their
agents, servants, or anybody claiming through or under them from in any
way interfering with the copy right of the plaintiff in respect of the suit
pictures excepting 35 MM theatrical rights either by objecting before the
second defendant laboratory or in any other manner whatsoever and,
3. for costs.
For Plaintiffs : Mr.A. Chidambaram
For Defendants : No Appearance
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C.S.No. 697 of 2008 and O.A.No.794 of 2008
and C.S.No.782 of 2000
COMMON JUDGEMENT
Today, when the suits are taken up for hearing, the learned counsel
appearing for the plaintiff in both the suits submitted that he seeks
permission of this Court to withdraw the civil suits. He has also made an
endorsement on the plaints to that effect, after interim injunction was
granted on 14.10.2008. Based on that, there was no such infringement has
taken place. Hence, the suits were of the year 2000 and 2008.
2. In view of the above, the suits are dismissed as withdrawn with
liberty to file a fresh suit if any cause of action has been arisen. The
interim injunction already granted in O.A.No.794 of 2008 in C.S.No.697
of 2008 is vacated and the same is closed.
12.04.2022
Speaking order : Yes/No
msm
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https://www.mhc.tn.gov.in/judis
C.S.No. 697 of 2008 and O.A.No.794 of 2008
and C.S.No.782 of 2000
V.BHAVANI SUBBAROYAN, J.
msm
C.S.No. 697 of 2008 and O.A.No.794 of 2008
and C.S.No.782 of 2000
12.04.2022
https://www.mhc.tn.gov.in/judis
