Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Marudham Television Private ... on 24 October, 2024
C.S. No. 167 of 2019 etc.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
C.S. No. 167 of 2019
and C.S.(Comm.Div.) No. 167 of 2023
and C.S.(Comm.Div.) No. 610 of 2018
and Application No. 5584 of 2019
and Application No. 3 of 2024
C.S. No. 167 of 2019:-
M/s.Sun TV Network Ltd.
Rep. by its Authorised Signatory
Mr.M.Jyothi Basu
Murasoli Maran Towers
73, MRC Nagar Main Road
MRC Nagar, Chennai-600028. .... Plaintiff
-vs-
M/s.Marudham Television Private Limited
Rep. by its Managing Director
R-62 II Avenue
TNHB Colony Velachery
Chennai-600042. ...Defendant
PRAYER : This Suit has been filed under Order IV Rule 1 of Original
Side Rules read with Section 2(1)(c) XVII read with 1st proviso of
Section 7 of Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts Act, 2015 (Act 4 of 2016 read with
Sections 55 and 62 of the Copy Rights Act and Order VII Rule 1 of CPC
for the following reliefs:-
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C.S. No. 167 of 2019 etc.,
(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. IV, 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, 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 and including all channels of Doordarshan, in
Velicham TV (A unit of M/s.Marudham Television Private Limited).
(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 December, 2018.
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C.S. No. 167 of 2019 etc.,
(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.
(e) pass any further similar other orders as this Court may deem fit
and proper in the circumstances of the case.
For Plaintiff : Mr.Rahul Balaji
For Defendant : Ms.S.Deepika
For Mr.D.Pariventhan
C.S.(Comm.Div.) No. 167 of 2023:-
M/s.Sun TV Network Ltd.
Rep. by its Authorised Signatory
Mr.M.Jyothi Basu
Murasoli Maran Towers
73, MRC Nagar Main Road
MRC Nagar, Chennai-600028. .... Plaintiff
-vs-
M/s.Marudham Television Private Limited
R-62 II Avenue
TNHB Colony Velachery
Chennai-600042.
Also at
No.44, 1st Avenue
Ahok Nagar, Chennai-600083. ...Defendant
PRAYER : This Suit has been filed under Order VII Rule 1 of Code of
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C.S. No. 167 of 2019 etc.,
Civil Procedure and Under Order IV Rule 1 of Original Side Rules read
with Section 51, 54, 55 and 62 of the Copyright (Amendment) Act, 2012
and Section 7 of Commercial Courts Act, 2015 Suit for permanent
injunction for the infringement of copyright and damages for the
following reliefs:-
(a) a permanent injunction restraining the defendants from infringing
the copyright of the plaintiff in the subject movies, as mentioned in
schedule A of the plaint, by telecasting /broadcasting the same in the
defendant's Television Channel or any other medium in any manner
whatsoever.
(b) A preliminary decree be passed in favour of the plaintiff directing
the defendant to render a true and faithful account of all profits earned by
them from exploiting of the subject movies and a final decree be passed in
favour of the plaintiff for the amount of profits thus found to have been
made by the defendants after the latter have rendered accounts.
(c) damages for a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) or
such further adjudicated sum thereof pursuant to the true entitlement of
damages claimed by plaintiff as special damages for acts of infringement
of copyright committed by the defendant;
(d) An order for delivery up of all the infringing and incriminatory
material created, recreated, made, published, aired, uploaded,
downloaded or dealt with in any manner, to the plaintiff for the purpose
of destruction and erasure.
(e) for costs of the suit.
(f) pass such further or other order or orders as this Court may deem
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C.S. No. 167 of 2019 etc.,
fit and proper in the facts and circumstances of the case.
For Plaintiff : Mr.Rahul Balaji
For Defendant : Ms.S.Deepika
For Mr.D.Parventhan
C.S.(Comm.Div.) No. 610 of 2018:-
M/s.Sun TV Network Ltd.
Rep. by its Authorised Signatory
Mr.M.Jyothi Basu
Murasoli Maran Towers
73, MRC Nagar Main Road
MRC Nagar, Chennai-600028. .... Plaintiff
-vs-
M/s.Marudham Television Private Limited
R-62 II Avenue
TNHB Colony Velachery
Chennai-600042. ...Defendant
PRAYER : This Suit has been filed under Order IV Rule 1 of Original
Side Rules read with Section 2(1)(c) XVII read with 1st proviso of
Section 7 of Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts Act, 2015 (Act 4 of 2016 read with
Sections 55 and 62 of the Copy Rights Act and Order VII Rule 1 of CPC
for the following reliefs:-
(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
Page 5 of 25
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C.S. No. 167 of 2019 etc.,
broadcast, direct satellite service, internet video streaming through all
forms, I.P. IV, 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, 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 restrict of
geographical area and including all channels of Doordarshan, in
Velicham TV (A unit of M/s.Marudham Television Private Limited).
(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 August, 2018.
(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. 167 of 2019 etc.,
(e) pass any further similar other orders as this Court may deem fit
and proper in the circumstances of the case.
For Plaintiff : Mr.M.Narendran
For M/s.King & Patridge
For Defendant : Ms.S.Deepika
For Mr.D.Parventhan
COMMON JUDGMENT
A report had been received from the Tamil Nadu Mediation and
Conciliation Centre, High Court dated 18.10.2024 to this Court indicating
that the parties to the suits in C.S.(Comm.Div.) No. 167 of 2019 and
C.S.(Comm.Div.) No. 167 of 2023 had settled the disputes among
themselves based upon the settlement agreement that has been annexed to
the said report.
2. A perusal of the said report also indicates that the parties have also
settled their disputes with regard to the claim in C.S.(Comm.Div.) No.
610 of 2018. The said settlement agreement arrived at between the parties
is extracted hereunder:-
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
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C.S. No. 167 of 2019 etc.,
3. The suits in Civil Suit No. 167 of 2019 and C.S. (Comm.Div.) No.
167 of 2023 and C.S.(Comm.Div.) No. 610 of 2018 are disposed on the
terms of the settlement agreement dated 18.10.2024. The plaintiff is
entitled for the refund of the Court-Fees as applicable. Consequently, all
connected applications are closed.
24.10.2024
Index :Yes/No
Maya
https://www.mhc.tn.gov.in/judis
C.S. No. 167 of 2019 etc.,
K.KUMARESH BABU, J.
Maya
and C.S.(Comm.Div.) No. 167 of 2023
and C.S.(Comm.Div.) No. 610 of 2018
and Application No. 5584 of 2019
24.10.2024
https://www.mhc.tn.gov.in/judis
