Madras High Court
M/S Poornodaya Art Creations vs M/S Sea Records on 27 April, 2022
C.S.Nos.700 and 875 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.04.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.Nos.700 and 875 of 2007
M/s Poornodaya Art Creations
rep. By its Managing Partner,
Mr.Edida Nageswara Rao
New No.35, Old No.13,
Kamdar Nagar, Nungambakkam,
Chennai - 34 ... Plaintiff in both the suits.
Vs.
1.
M/s Sea Records
2. M/s Supreme Video Company
No.1, Ramachandra Iyer Street,
T.Nagar, Chennai – 600 117
3. M/s Moser Baer India Limited
No.81, Valluvarkottam High Road,
Nungambakkam,
Chennai – 600 034 ...Defendants in both the suits
Prayer in C.S.No.700 of 2007: Civil Suit filed under Sections 55 and
62 of the Indian Copyright Act, 1957 read with Order IV Rule 1 O.S.Rules
and Order VII Rule 1 CPC for a Judgment and Decree against the
https://www.mhc.tn.gov.in/judis
C.S.Nos.700 and 875 of 2007
defendants as follows:-
a) For a declaration that the plaintiff is the exclusive owner of the
Indian VCD and DVD Copyrights in the films Sankarabharanam
Thayaramma Bangaraiah & Swarakalpana (all in Telugu Language)
b) For a permanent injunction restraining the defendants, their men,
agents, servants or assigns from in any manner infringing the plaintiff's
copyrights in the pictures Sankarabharanam Thayaramma Bangaraiah &
Swarakalpana (all in Telugu Language), by manufacturing and selling DVDs
and VCDs of the said picture
c) For costs of the suit
d) For such further or other reliefs.
Prayer in C.S.No.875 of 2007: Civil Suit filed under Sections 55 and
62 of the Indian Copyright Act, 1957 read with Order IV Rule 1 O.S.Rules
and Order VII Rule 1 CPC for a Judgment and Decree against the
defendants as follows:-
a) For a declaration that the plaintiff is the exclusive owner of the
Indian VCD and DVD Copyrights in the films Sithara, Seethakoka Chilaka &
Sagara Sangamam (all in Telugu); Salangai Oli (Tamil); Sagara Sangamam
https://www.mhc.tn.gov.in/judis
C.S.Nos.700 and 875 of 2007
(Malayalam)
b) For a permanent injunction restraining the defendants, their men,
agents, servants or assigns from in any manner infringing the plaintiff's
copyrights in the pictures Sithara, Seethakoka Chilaka & Sagara
Sangamam (all in Telugu); Salangai Oli (Tamil); Sagara Sangamam
(Malayalam), by manufacturing and selling DVDs and VCDs of the said
picture
c) For costs of the suit
d) For such further or other reliefs.
C.S.No.700 of 2007
For Plaintiff : Mr.K.Harishankar
For Defendants : Mr.Sapna I Pillai for
M/s P.Wilson Associates for D1 & D2
Mr.R.Balaji - D3
C.S.No.875 of 2007
For Plaintiff : Mr.K.Harishankar
For Defendants : D1 to D3 served
Name Printed – No appearance
COMMON JUDGMENT
When the present suits are taken up for hearing, the learned counsel
https://www.mhc.tn.gov.in/judis
C.S.Nos.700 and 875 of 2007
for the plaintiff submitted that the present suits have become infructuous
and seeks permission of this Court to withdraw the same. Further, the
learned counsel for the plaintiff has made the following endorsements in the
bundles to that effect:
“As the matters pertain to VCD /DVD rights which are no
longer in vogue, the matter has become infructuous.”
2. In view of the submission and the endorsements made by the
learned counsel for the plaintiff, the present suits are dismissed as
infructuous. No costs.
27.04.2022
Index : Yes/No
Internet : Yes/No
Speaking /Non-Speaking order
ssd
https://www.mhc.tn.gov.in/judis
C.S.Nos.700 and 875 of 2007
V.BHAVANI SUBBAROYAN, J.,
ssd
C.S.Nos.700 and 875 of 2007
27.04.2022
https://www.mhc.tn.gov.in/judis
