Madras High Court
Sun T.V vs Jaya Television on 31 March, 2022
1 C.S. No.709 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.709 of 1999
Sun T.V.
(A Unit of Sumangali Publications Ltd.)
Rep. by its Manager (Programme)
George Bastain,
268-269, Anna Salai,
Teynampet, Chennai - 600 018. .... Plaintiff
Vs.
1. Jaya Television,
(Unit of Lavis Satcom)
Rep. by Managing Director,
Dinakaran, Poes Garden, Chennai - 600 086.
2. B. Chakravarthy,
Prop. of NIC Arts,
A3, Ground Floor,
24, Thanikachalam Road,
T. Nagar, Chennai - 600 017.
3. A.P. International,
Rep. by its Partner,
Arjundas Pokardas,
708, Shivalaya "A" Block,
198, Ethiraj Salai, Egmore,
Chennai - 600 105.
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2 C.S. No.709 of 1999
4. Gemini Colour Laboratory,
No.2, Vembuli Amman Koil Street,
Chennai - 600 078 ... Defendants
Prayer: Civil Suit filed under Section 55 & 62 of Indian Copyright Act
R/w. Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of
C.P.C. seeking for a Judgment and Decree against the defendants;
(a) declaring that the plaintiff is the absolute copy right owner
having perpetual rights of world Satellite Television Broadcast Direct to
Home (District Satellite) Broadcast, Terrestrial Television Broadcast in
respect of the suit picture "VALLI" starring Ajit, Simran and others,
directed by S.J. Surya; and
(b) for a permanent injunction restraining the 1st, 2nd and 3rd
defendants their agents, servants, each and every person or persons
claiming through them or under them from interfering with the plaintiff's
copy right having the rights of World Satellite Television Broadcast
Direct to Home (Direct Satellite) Broadcast, Terrestrial Television
Broadcast and all other rights connected therewith including exhibition
of the suit picture by means of wireless diffusion and by wire
communication to the public through television broadcast in respect of
the suit picture "VALLI" starring Ajit, Simran and others, directed by
S.J. Surya by telecasting the suit picture in their TV Channel either in full
or in part or telecasting the song sequences, clippings, scenes and other
sequences in the suit picture;
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3 C.S. No.709 of 1999
c) direct the Defendants to pay the cost of the suit proceedings to
the plaintiff; and
d) pass such further or other orders and thus render justice.
For Plaintiff : Mr.R.Palaniandavan
For 1st Defendant : Mr.B. Jagannath
(for Mr. A. Jenasenan)
For 2 to 4 Defendants : No Appearance
********
JUDGMENT
When the matter came up for hearing today, it is learnt from the
records that this Court by its order dated 07.10.1999 and 05.11.1999 for
being mentioned, granted interim injunction against the defendants from
telecasting the picture "Vaali" or the song sequences of the film.
2. The learned counsel for the plaintiff and the learned counsel for
the 1st defendant are present.
3. The learned counsel for the 1st defendant submitted that as of
now, they have no interest over the picture and they have also no right
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN, J.,
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to telecast the same in their T.V. Channel and accordingly, a memo has
been filed to this effect.
4. With regard to the aforesaid submission made by the learned
counsel for the 1st defendant and memo to that effect filed by the learned
counsel for the 1st defendant, the suit filed by the plaintiff is decreed as
prayed. The memo filed by the learned counsel for the 1st defendant
shall form part of the decree. No Costs.
5. In the result, the Suit is decreed as prayed for.
31.03.2022
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Index : No
Internet : Yes
Speaking order
C.S.No.709 of 1999
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