M/S.Raj Television Network ... vs Messrs. Kavithalaya Productions ...
2023 Latest Caselaw 13715 Mad

                                               O.S.A.(CAD) No.60 of 2021


              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                         DATED:   10.10.2023

                               CORAM


     THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                  AND
       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                      O.S.A.(CAD) No.60 of 2021

M/s.Raj Television Network Limited,
rep. by its Director M.Ravindran,
32, Poes Road, Second Street,
Teynampet, Chennai-600 018.                    ..     Appellant

                                  Vs.

1.Messrs. Kavithalaya Productions Private Limited,
  rep. by its Executive Director Pushpa Kandaswamy,
  Flat No.3A, Vinayaka Apartments,
  34, Warren Road,
  Mylapore, Chennai-600 004.

2.Ultra Media & Entertainment Pvt. Ltd.,
  2-C, Thakkar Indl. Est.
  N.M.Joshi Marg, Lower Parel (E),
  Mumbai-400 011.

3.Amazon (Prime Video),
  601, A Wing, One BKC, G BLOCK,
  Bandra Kurla Complex,
  Bandra (East), Mumbai-400 051.               ..     Respondents

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                                                    O.S.A.(CAD) No.60 of 2021




Prayer: Appeal under Section 13(1A) of the Commercial Courts Act
against the order dated 28.10.2020 made in O.A.No.446 of 2020 in
C.S. (Comm. Div.) No.244 of 2020.


              For the Appellant          : Mr.N.L.Rajah
                                           Senior Counsel
                                           for M/s.C.Ramesh

              For the Respondents        : Mr.Gokul Sundar K.R.
                                           for M/s.C.Seethapathy
                                           for respondent No.1

                                         : Mr.D.Thirumoorthy
                                           for M/s.S.P.Arthi
                                           for respondent No.2

                                         : Ms.Meenakshi Raman
                                           for M/s.Rahul Balaji
                                           for respondent No.3




                                   JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Mr.N.L.Rajah, learned Senior Counsel for the

appellant; Mr.Gokul Sundar, K.R. for M/s.C.Seethapathy, learned

counsel for respondent No.1; Mr.D.Thirumoorthy for

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O.S.A.(CAD) No.60 of 2021

M/s.S.P.Arthi, learned counsel for respondent No.2; and,

Ms.Meenakshi Raman for M/s.Rahul Balaji, learned counsel for

respondent No.3.

2. It is submitted that now the trial of the suit is complete

and written submissions are also filed in the matter.

3. In the light of that, no purpose would be served by

deciding the present matter, as the same is against an interim

order.

4. Naturally, the Court will be required to decide the matter

on its own merits on the basis of the evidence adduced before it.

The findings arrived at the time of deciding the injunction

application are prima facie in nature and the said findings would

be of no avail while deciding the matter finally.

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O.S.A.(CAD) No.60 of 2021

5. The original side appeal, as such, is disposed of. There

will be no order as to costs. Consequently, C.M.P.No.13260 of

2021 is closed.

                                (S.V.G., CJ.)                (D.B.C., J.)
                                                10.10.2023
Index            : Yes/No
Neutral Citation : Yes/No
bbr

To:

The Sub Assistant Registrar Commercial Cases High Court, Madras.

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O.S.A.(CAD) No.60 of 2021

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr

O.S.A.(CAD) No.60 of 2021

10.10.2023

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