Madras High Court
T.R.Kumaran vs Bipin H. Shan on 5 February, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.92 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.92 of 2024
T.R.Kumaran
Proprietor M/s.Golden Cinema,
No.60/3, Shanmuganai Nadar Lane,
Pamban Road, Madurai-1. ... Plaintiff
vs.
1. Bipin H. Shan,
M.s,Hansa Pictures,
Ruby Residency,
No.69, Anna salai,
Next to Cosmopolitan Club,
Chennai-600 002.
2. Ultra Media 7 Entertainment Pvt. Ltd.
Rep. by its Director,
No.1-C, Thacker Indistrial Estate,
NM Joshi Marg, Shastri Nagar,
Adarsh Nagar, Lower Parel, East,
Maharashtra-400 011. ... Defendants
PRAYER: Plaint filed under Sections 55 and 62 of the Indian Copyright
Act 1957 read with Order IV Rule 1 O.S.Rules and Order VII Rule 1 of
Civil Procedure Code, prays for the Judgment and Decree against the
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C.S.(Comm.Div.) No.92 of 2024
defendants as follows:
(a) for a declaration that the plaintiff is the sole and absolute owner of
the absolute entire World Exclusive Internet Webcasting, Website Right of
the suit schedule films through server or any other scientific mode, without
any geographical area restrictions to exploit the specified rights to the
Public or Private viewing, Browsing Vicable (co-Axial, Fiber Optic) or any
other modes and Exclusive Internet and all platforms and all other internet
related rights, Web based technology rights for entire World, FM, Private
Radio Broadcasting Rights (Sound) for entire India and in any part of the
world and public or private people or company individual top browse the
said rights of the films mentioned in the Deed of Assignment dated
27.01.2020, which are more fully described in the suit schedule hereunder,
for a perpetual period of 72 years from the date of Deed of Assignment
dated 27.01.2020;
(b) for a permanent injunction restraining the defendant, their men,
agents, servants, or their representatives, anybody on their behalf or assigns
from in any manner from infringing the copyrights and exclusive rights
assigned to the plaintiff by Deed of Assignment dated 27.01.2020 in respect
of the entire World Exclusive Internet Webcasting, Website Right of the
suit schedule films through server or any other scientific mode, without any
geographical area restrictions to exploit the specified rights to the Public or
Private viewing, Browsing Vicable (Co-Axial, Fiber Optic) or any other
modes pertaining to the rights specified in the Deed of Assignment dated
27.01.2020 and Exclusive Internet and all platforms and all other internet
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C.S.(Comm.Div.) No.92 of 2024
related rights, Web based technology rights for entire World, FM, Private
Radio Broadcasting Rights (Sound) for entire India and in any part of the
world and public or private people or company individual top browse the
said rights of the films mentioned in the Deed of Assignment dated
27.0.2020, which are more fully described in the suit schedule hereunder,
for a perpetual period of 72 years from the date of Deed of Assignment
dated 27.01.2020; and
(c) directing the defendants to pay jointly and severally, the damages
of Rs.1,50,000/- together with interest at the rate of 24% per annum from
the date of plaint till the date of realization, caused to the plaintiff by
illegally telecasting the suit picture films and thereby caused the
infringement of copy rights of the suit picture films, more fully described in
the schedule hereunder; and
(d) to direct the Defendant to pay the cost of the suit.
For Plaintiffs : Mr.E.Senthilkumar for
M/s.M.Kempraj
JUDGMENT
The suit was filed for declaration that the plaintiff is the sole and
absolute owner of the entire World Exclusive Internet Webcasting rights
over the suit schedule movies; for a permanent injunction restraining the
defendants from directly or indirectly infringing the plaintiff's copyright in
the suit schedule movies; and for a sum of Rs.1,50,000/- as damages. In
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C.S.(Comm.Div.) No.92 of 2024
addition, the plaintiff prayed for costs.
2. After the suit was filed, a memorandum of compromise dated
20.12.2024 was entered into between the plaintiff and the first defendant. In
terms thereof, the first defendant agreed not to telecast 14 suit schedule
mentioned movies on any platform, such as Youtube or other OTT
platforms. The first defendant also agreed to pay the plaintiff a sum of
Rs.75,000/- as compensation. This amount was paid to the plaintiff. Based
on this compromise, the plaintiff agreed to the dismissal of the suit against
the first defendant. Pursuant thereto, by order dated 08.01.2025, the suit was
disposed of as against the first defendant in terms of memorandum of
compromise dated 20.12.2024. After noticing that suit summons was served
on the second defendant on 16.05.2024 and that the second defendant had
not entered appearance in spite of service of suit summons, the second
defendant was set ex parte on the same date.
3. Thereafter, the plaintiff adduced evidence through himself. The
plaintiff filed proof affidavit dated 22.01.2025. In course of examination-in-
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C.S.(Comm.Div.) No.92 of 2024
chief on 22.01.2025, 12 documents were exhibited through the
plaintiff/PW1 as Exs.P1 to P12.
4. Learned counsel for the plaintiff invited my attention to Ex.P7,
which is an agreement dated 27.01.2020. He pointed out that all the 21
movies, which form the subject of the suit, were assigned under the said
agreement to the plaintiff by Sureshkumar Agarwal, Proprietor, Siddharth
Electronics. He also referred to Ex.P11, which is a letter dated 22.03.2021
from the second defendant to the plaintiff. On such basis, he submitted that
the second defendant agreed to not broadcast the suit schedule movies as a
gesture of goodwill. He also submitted that the second defendant agreed to
withdraw the disputed movies completely, if the said defendant finds that
the rights of the plaintiff supersedes that of the second defendant. In spite of
issuing such reply on 22.03.2021, learned counsel contends that such action
was not taken by the second defendant.
5. In order to establish the claims made in the suit, the plaintiff
exhibited 12 documents. The plaintiff's rights in the suit schedule movies
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C.S.(Comm.Div.) No.92 of 2024
are traced from Exs.P1 to P6. Ex.P4 is the document under which the
plaintiff's immediate predecessor-in-interest, Siddharth Electronics,
acquired rights in these movies. The confirmation letter given by Santha
Films to the laboratory and the lab confirmation letter have been exhibited
as Exs.P5 and P6. As contended by learned counsel for the plaintiff, Ex.P7
discloses that the said Siddharth Electronics assigned its rights to the
plaintiff perpetually upon receipt of a sum of Rs.2,10,000/-.
6. On examining the evidence adduced by the plaintiff and in the
absence of contra evidence from the second defendant, the claim for
declaration and permanent injunction stands proved. As regards the claim
for damages, Ex.P7 discloses that a sum of Rs.2,10,000/- was paid as
consideration by the plaintiff to the assignor. Such consideration is in
respect of 21 movies. In the plaint, the plaintiff asserts that his copyright
was infringed with regard to about 14 movies. The amount claimed as
damages is roughly 70% of the consideration paid for the assignment, and
qualifies as reasonable compensation for loss. In these circumstances, the
claim of a sum of Rs.1,50,000/- towards damages also stands proved. The
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C.S.(Comm.Div.) No.92 of 2024
plaintiff is, however, not entitled to interest on this sum at 24% per annum
since it is a claim for damages and there is no contractual rate. Interest is
therefore, awarded at 6% per annum. As the successful party, the plaintiff is
entitled to costs. The second defendant is liable to pay the plaintiff an
aggregate sum of Rs.3 lakhs towards court fees, lawyer's fees and other
expenses.
7. In the result, the suit is decreed against the second defendant in
terms of clauses (a), (b) and (c) of paragraph 13 of the plaint, but the relief
of damages shall carry interest at the rate of 6% p.a. from the date of plaint
till the date of realization. The second defendant shall also pay a sum of
Rs.3,00,000/- as costs to the plaintiff.
05.02.2025
Index : Yes/No
Internet : Yes/No
Speaking/
Non-speaking order: Yes/No
Neutral Citation : Yes/No
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C.S.(Comm.Div.) No.92 of 2024
Plaintiff's witness:
Mr.T.R.Kumaran - P.W.1
Documents exhibited by the plaintiff:
Exhibits Documents
Ex.P1 The photocopy of the agreement of lease in respect
of 3 films between M/s.Veeralakshmi conbines and
M/s.Santha Films dated 23.05.1983.
Ex.P2 The photocopy of the agreement of lease in respect
of 8 films between PSV Pictures and M/s.Santha
Films dated 13.07.1988.
Ex.P3 The photocopy of the agreement of lease in respect
of 2 films between M/s.Veeralakshmi combines
and M/s.Santha Films dated 07.07.1989.
Ex.P4 The photocopy of the agreement of lease in respect
of 21 films between M/s.Santha Films and
Siddharth Electronics dated 02.08.2007.
Ex.P5 The photocopy of the confirmation letter given by
Santha Films to LAB dated 02.08.2007.
Ex.P6 The photocopy of the lab confirmation letter given
by Labs to Siddharth Electronics dated 21.08.2007.
Ex.P7 The photocopy of the agreement of lease in respect
of suit schedule films between M/s.Siddharth Elect
and the plaintiff dated 27.01.2020. (original is
produced, compared and returned to the plaintiff's
counsel.
Ex.P8 The photocopy of the letter sent to the 2nd defendant
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C.S.(Comm.Div.) No.92 of 2024
Exhibits Documents
by the plaintiff dated 28.02.2021)
Ex.P9 The photocopy of the letter sent to the 1st defendant
by the plaintiff dated 11.03.2021.
Ex.P10 The office copy of the legal notice sent to the
defendants by the plaintiff dated 19.03.2021.
Ex.P11 The photocopy of the reply letter from the 2nd
defendant dated 22.03.2021.
Ex.P12 The original non-starter report in PIMS No.118 of
2023 issued by Tamil Nadu State Legal Service
Authority, Chennai dated 29.12.2023.
05.02.2025
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C.S.(Comm.Div.) No.92 of 2024
SENTHILKUMAR RAMAMOORTHY J.
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C.S.(Comm.Div.) No.92 of 2024
05.02.2025
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