Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Channel Bharat ... on 12 September, 2023
C.S.No.585 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S.No.585 of 2019
M/s.Sun Tv Network Ltd.
Rep. by its Authorised Signatory
Mr.M.Jothi Basu
Marasoli Mara Towers
73 RC Nagar Main Road,
MRC Nagar, Chennai - 600028. ...Plaintiff
Vs.
M/s.Channel Bharat Entertainment Pvt. Ltd.
Rep. by its Authorised Person
Registered Office At:
No.22, First Cross Street,
Second Avenue,
Ashok Nagar,
Chennai - 600083.
...Defendant
PRAYER: Plaint is filed under under Order IV Rule 1 of O.S. Rules
R/w Sec 2(1)(c)XVII R/w 1st proviso of Section 7 of Commercial
Courts, Commercial Appellate Court, Commercial Division and
Commercial Appellate Division of High Courts Act, 2015 (Act 4 of
2016) R/w Sec.55 and 62 of the Copy Rights Act & Order VII Rule 1
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C.S.No.585 of 2019
of C.P.C, praying to pass the judgment and decree:
(a) for permanent injunction restraining the Defendant, their men,
representatives, agents and anybody on behalf of the Defendant from in
any manner infringing, exhibiting or exploiting the Schedule "A"
movies or any part thereof through satellite Television Broadcast
Direct to Home broadcast, direct satellite service, Internet video
streaming through all forms, I.P. TV, broadband, telephone, telephony,
cell phone radio (all dimensions) VCD, DVD, video on demand, movie
on demand, video, High definition (HD), laser disc, blue ray, u-matic,
inflight, airborne, railborne, terrestrial television broadcast (all
dimensions) through cable/via cable TV, local delivery system,
MMDS, paper view, seaborne, all modes of public/private
transportation, public service broadcasting, private
communication/broadcast, wire, wireless, 2D & 3D
formats/dimensions of the film or any other formats/dimensions which
may be in existence now or invented in future or through any other
forms, means and modes and any forms of communication like signs,
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C.S.No.585 of 2019
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 either 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 Imayam
TV ( A unit of M/s. Channel Bharat Entertainment Private Limited), or
any other Tv channel owned and run by the defendant.
b) Direct the defendant to render true and proper accounts of
profit in respect of its infringing, telecasting and exploiting of the said
schedule "A" movies since February, 2019.
c) To pay damages of a sum of Rs.30,00,000/- for exploiting the
schedule "A" movies as detailed in Schedule "B" hereunder. thereby
causing loss to the plaintiff.
d) To pay cost to the plaintiff
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C.S.No.585 of 2019
e) pass any further similar other orders as this Honourable court
may deem fit and proper in the circumstances of the case and thus
render justice.
For Plaintiff : Mr/D.Prajeish
for M/s.King & Patridge
For Defendant : No Appearance.
JUDGMENT
The parties had entered into a settlement in C.S.No. 122 of 2020,
in which under clause 12 of Memorandum of Understanding, the
plaintiff had undertaken to withdraw this suit. In the light of the above,
the suit is dismissed as withdrawn. No costs.
12.09.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
kan
https://www.mhc.tn.gov.in/judis
C.S.No.585 of 2019
P.T. ASHA, J,
kan
C.S.No.585 of 2019
12.09.2023
https://www.mhc.tn.gov.in/judis
