Madras High Court
Sp.Nagappan vs Manoj Bhatnagar on 5 January, 2023
C.S.(Comm.Div.)No.114 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.S.(Comm.Div.)No.114 of 2022
and
O.A.No.326 of 2022
SP.Nagappan
Proprietor,
Video Park,
No.7, Janakiraman Street,
West Mambalam,
Chennai – 600 033. ... Plaintiff
Vs
1.Manoj Bhatnagar,
Proprietor,
Sameera Films,
No.1, SenthilAndavar Street,
Saligraman,
Chennai – 600 078.
2.R.Sumathi,
No.54, 5th Cross Street,
Trustpuram, Kodambakkam,
Chennai – 600 024.
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.114 of 2022
3.M/s.A.P.Ineternational,
No.42, Old No.80, New Avadi Road,
Chennai – 600 010.
4.M/s.Vega Entertainment,
Flat No.201, Samvriddi,
SiriSampada Building,
Ragavendra Colony,
Kondapur,
Hyderabad – 500 084.
5.M/s.Rajshri,
Poonam Chambers,
“B” Wing, 2nd Floor,
Dr.Annie Besant Road,
Worli, Mumbai – 400 018.
6.M/s.Sree Devi Video Corporation,
Rep by its Partner,
Mr.Ghanshyam Hemdev,
Old No.3, New No.5, Moktha Gardens,
Spur Tank Road, Chetpet,
Chennai – 600 031. ... Defendants
(6th defendant impleaded as per order dated
19.10.2022 in Appl.No.4049 of 2022)
Prayer: This Civil Suit is filed under Order IV Rule 1 of O.S Rules and
Order VII Rule 1 C.P.C and Section 2(1)(c)(ix) of Commercial Courts,
Commercial Division and Commercial Appellate Division of High
Courts Act, 2015 (No.4 of 2016), prayed for a Judgment and Decree:-
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C.S.(Comm.Div.)No.114 of 2022
a)Declaring that the plaintiff is the absolute owner of the
limited copyright viz., the sole and exclusive internet rights of the Tamil
colour Talkie picture titled “Endrendrum Kadhal”, starring Vijay, Ramba
etc., directed by Manoj Bhatnagar for a period of 25 years from
03.02.2005, i.e, till 02.02.2030;
b)For a permanent injunction restraining the Defendants, their
men, agents, successors, agents, assigns or anyone claiming through or
under him from infringing the plaintiff's limited copyright viz., the sole
and exclusive internet rights of the Tamil colour Talkie picture titled
“Endrendrum Kadal”, starring Vijay, Ramba etc., directed by Manoj
Bhatnagar for a period of 25 years from 03.02.2005, i.,e till 02.02.2030;
c)for costs of the suit.
For Plaintiff : Mr.C.Ramesh
For Defendants : D1 and D2 – Given up
Mr.K.Harishankar
for D3, 5 and 6
Mr.Ramesh Ganapathy
for D4
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C.S.(Comm.Div.)No.114 of 2022
JUDGMENT
The learned Counsel for the plaintiff and the defendants
submits that the dispute in the suit has been settled out of Court. The
plaintiff has also filed a memo to that effect. The memo filed by the
plaintiff reads as under:
“1.The plaintiff submits that he has settled the
dispute in this suit amicably with the 3rd defendant. The
plaintiff states that pursuant to the amicable settlement,
he has assigned the copyright in the suit film to the 3rd
defendant under Agreement dated 19.12.2022.
2.The plaintiff submits that in view of the
assignment of rights in favour of the 3rd defendant under
Agreement dated 19.12.2022, the suit may be dismissed
as settled out of Court.”
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.114 of 2022
2.Recording the above said submission, this Civil Suit is
dismissed as settled out of Court. No costs. Consequently, connected
Original Application is closed.
05.01.2023
Internet : Yes/No
Index : Yes/No
Speaking Order/Non-Speaking Order
jas
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.114 of 2022
C.SARAVANAN,J.
jas
C.S.(Comm.Div.)No.114 of 2022
and
O.A.No.326 of 2022
05.01.2023
https://www.mhc.tn.gov.in/judis
