Madras High Court
Manickam Narayanan vs M/S.Raj Television Network ... on 1 August, 2022
C.S.(Comm. Div.) No.107 of 2021
& A.No.1747 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.08.2022
Coram:
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm. Div) No.107 of 2021
&
A.No.1747 of 2022
Manickam Narayanan
Proprietor of M/s.7th Channel Communications
Having Office at No.66,
Dr.Radhakrishnan Salai,
Chennai-600 004. .. Plaintiff
vs
1. M/s.Raj Television Network Limited (Raj TV)
represented by its Managing Director,
having registered office at No.32, Poes Road 2nd Street,
Teynampet, Chennai-600 018.
2. M.Raajhendhran
Managing Director
M/s.Raj Television Network Limited (Raj TV)
having registered office at No.32, Poes Road 2nd Street,
Teynampet, Chennai-600 018. .. Defendants
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C.S.(Comm. Div.) No.107 of 2021
& A.No.1747 of 2022
PRAYER: This suit is filed under Order IV Rule 1 O.S. Rules r/w. Section
2(1)(C)XVII r/w 1st Proviso of Section 7 of Commercial Courts, Commercial
Appellate Courts, Commercial Division and Commercial Appellate Division of
High Courts Act, 2015 (Act 4 of 2016) R/w. Sec.13, 55 & 62 of the Copyrights
Act & Order VII Rule 1 of C.P.C praying for issuance of judgment and decree
on the following prayers: (a) granting a permanent injunction restraining the
Defendants, their men, servants, agents and any persons claiming under them
from infringing, exhibiting or exploiting the broadcast Cinematograph Film
“EN ANNAN”or any part thereof through satellite Television Broadcast to
direct home broadcast, direct satellite service in all forms and formats through
cable/via cable TV, local delivery system, MMDS, Paper View, Seaborne, all
modes of public/private transportation, public – service broadcasting, private
communications/broadcast, wire, wireless, 2D & 3D formats/dimensions of the
film or any other formats/dimensions which may be in exercise 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 earlier directly or
indirectly through the medium of relay stations and all its grammatical
variations and cognate expressions shall be construct accordingly or any other
systems without restriction of geographical area in Raj TV (1 st Defendant
herein) or any other TV Channel owned and run by the 1st Defendant; (b)
Granting a mandatory injunction against the Defendants from broadcasting,
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C.S.(Comm. Div.) No.107 of 2021
& A.No.1747 of 2022
telecasting, displaying or featuring said cinematograph film “EN
ANNAN”without the consent of the Plaintiff; (c) Direct the 1st Defendant to
render true and proper accounts of profit in respect of its infringing, telecasting
and exploiting of the said Cinematograph Film; (d) To pay sum of
Rs.12,00,000/- for exploiting the said Cinematograph Film thereby causing loss
to the Plaintiff; (e) Directing the 1st Defendant to pay to the Plaintiff the costs
of this suit.
For Plaintiff : M/s.Kaushik N Sharma
For Defendants : Ms.AN.Rajamani Ponnu for D1
JUDGMENT
The first defendant presented an application for summary judgment. In
the affidavit filed in support of the application, the first defendant states that
the rights acquired by the first defendant in respect of the Tamil Movie “EN
ANNAN” expired. Ever since, it is stated that the first defendant is not
exhibiting the movie or exercising rights in respect thereof. The second
defendant is the Managing Director of the first defendant.
2. In view of the aforesaid categorical statement, the plaintiff states that
the suit is liable to be decreed as regards prayers (a) and (b) of paragraph 22 of
the plaint. As regards prayers (c) and (d), on instructions, learned counsel for
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C.S.(Comm. Div.) No.107 of 2021
& A.No.1747 of 2022
the plaintiff states that the plaintiff does not intend to prosecute the suit.
3. Since the defendants have accepted that they have no right to exploit
the movie “EN ANNAN”, a decree may be issued as prayed for by the plaintiff.
Similarly, the plaintiff has relinquished the claim for relief in terms of prayers
(c) and (d) of paragraph 22 of the plaint. In these circumstances, the application
for summary judgment is liable to be allowed and there is no necessity for
parties to be subject to a trial process.
4. Accordingly, this application is allowed and C.S.(Comm. Div) No.107
of 2021 is decreed in terms of prayers (a) and (b) of paragraph 22 of the plaint,
and prayers (c) and (d) thereof are rejected. Since the parties have agreed to the
resolution of the dispute in the manner indicated above, the parties shall bear
their own costs.
01.08.2022
Index : Yes/No
Internet: Yes/No
kal
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C.S.(Comm. Div.) No.107 of 2021
& A.No.1747 of 2022
SENTHILKUMAR RAMAMOORTHY, J
kal
C.S.(Comm. Div) No.107 of 2021
&
A.No.1747 of 2022
01.08.2022
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