Madras High Court

M/S.Sun Tv Network Ltd vs M/S.Peppermint Productions on 27 January, 2025

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                    C.S.No.725 of 2016

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 27.01.2025

                                                          CORAM

                                    THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                     C.S. No.725 of 2016

                     M/s.SUN TV Network Ltd.,
                     rep. by its Authorised Signatory
                     M.Jyothi Basu                                             ... Plaintiff

                                                             Vs.

                     M/s.Peppermint Productions,
                     (A Unit of Peppermint Private Limited),
                     Maharashtra, India - 401 107.                             ... Defendant

                     (Amended as per order dated 25.09.2024
                     in A.No.4042 of 2024)

                     PRAYER: Plaint filed under Order VI Rule 1 of Original Side Rules read
                     with Order VII Rule I of C.P.C. to pass judgment and decree against the
                     defendant:
                                  (a)for permanent injunction restraining the defendant, its men,
                     representatives, agents and anybody on behalf of the defendant from in
                     anyway exhibiting or exploiting the Tamil film "OSTHI" starring
                     Silambarasan, Githa Ramesh, Richa Gangopadhyay, Sonu Sood & others
                     through satellite Television Broadcast Direct to Home broadcast, direct
                     satellite service, internet video streaming through all forms, I.P. T.V.,
                     broadband, telephone, telephony, cell phone radio (all dimensions) VCD,

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                                                                                          C.S.No.725 of 2016

                     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 construed accordingly or any
                     other systems without restriction of geographical area and including all
                     channels of Doordarshan for a perpetual period more particularly in the
                     internet and
                                  b)to pay damages of a sum of Rs.30,00,000/- for illegally uploading
                     the tamil movie "OSTHI" in You Tube using pirated CDs and making the
                     same available for subscribed users as free downstream videos.
                                        For Plaintiff      :     Mr.Prajeish D. for
                                                                 M/s.King and Partridge

                                        For Defendant      :     exparte

                                                          JUDGMENT

The suit has been filed for permanent injunction and for damages.

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2.According to the plaintiff, they are the owners of the copyright in

respect of the cinematographic film 'OSTHI'. According to the plaintiff, they

have became the copyright owner pursuant to an Assignment Agreement

dated 18.11.2011, executed in their favour. According to the plaintiff, ever

since the date of the assignment granted in their favour, they are the

exclusive owner of the copyright in respect of the cinematographic film

'OSTHI'. According to the plaintiff, they have made the entire payment for

the grant of assignment in their favour, which has been recorded through the

Supplementary Agreement dated 07.12.2011.

3.According to the plaintiff, it came to their knowledge from the You

Tube that the defendant has illegally telecasted the cinematographic film

'OSTHI' in March 2015. Immediately, the plaintiff contacted the defendant

through email calling upon the defendant to stop broadcasting the

cinematographic film 'OSTHI'. On receipt of the said communication from

the plaintiff, the defendant has sent a letter to the plaintiff dated 28.04.2015

that they shall stop telecasting the cinematographic film 'OSTHI' and that

they will remove immediately from their You Tube Channel and an

undertaking was also given by them that in future as well they shall not

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upload the movie in the You Tube Channel. According to the plaintiff,

despite the said undertaking, the defendant continues to host the

cinematographic film 'OSTHI' in the You Tube Channel, which amounts to

4.The suit summons was served on the defendant, but the defendant

failed to enter appearance in this suit and accordingly, they were set exparte

by this Court on 21.12.2024. The plaintiff is also having the benefit of an

interim injunction order from this Court restraining the defendant from

telecasting the cinematographic film 'OSTHI' in any of the platforms

without the authorisation of the plaintiff.

5.The exparte evidence has been recorded by the plaintiff before the

learned Additional Master I. The proof affidavit of Mr.M.Jyothi Basu, the

authorised representative of the plaintiff was filed before the learned

Additional Master I in support of the plaint averments. Through P.W.1, the

following documents were marked as exhibits on the side of the plaintiff:

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Sl.Nos. Exhibits Description of documents 1 Ex.P1 True copy of the Board Resolution dated 14.11.2011 2 Ex.P2 Photocopy of the Assignment Agreement between Arbaaz Khan production and Balaji Studios dated 17.03.2011 3 Ex.P3 Photocopy of the Assignment Agreement by Balaji Studios and Balaji Real Media dated 06.04.2011 4 Ex.P4 Photocopy of the Assignment Agreement between Reliance Big Entertainment and Balaji Real Media dated 28.07.2011 5 Ex.P5 Certified copy of the Assignment Agreement in favour of the plaintiff dated 18.11.2011 6 Ex.P6 Certified copy of the Lab Letter dated 18.11.2011 7 Ex.P7 Certified copy of the Censor Certificate dated 21.11.2011 8 Ex.P8 Certified copy of the Supplementary Agreement dated 07.12.2011 9 Ex.P9 Printout of the Screenshots of the suit film in super cinema tamil dated 10.03.2015 10 Ex.P10 Printout of the E-mail correspondences between the plaintiff and defendant in April 2015 11 Ex.P11 Photocopy of the Letter from the defendant dated 28.04.2015

6.As seen from Exhibits P2 to P5, it is clear that the plaintiff has

become the owner of the copyright in respect of the cinematographic film

'OSTHI'. Exhibits P2 to P5 confirms as to how the plaintiff has derived title

in respect of the copyright over the cinematographic film 'OSTHI'. The Lab

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Report dated 18.11.2011 marked as Ex.P6 also confirms that the plaintiff is

the owner of the copyright in respect of the cinematographic film 'OSTHI'.

The Censor Certificate dated 21.11.2011 marked as Ex.P7 also confirms the

name of the producer of the film 'OSTHI' through whom the plaintiff has

derived title in respect of the copyright over the film 'OSTHI'. The

Supplementary Agreement dated 07.12.2011 which has been marked as

Ex.P8 also confirms that the plaintiff has paid the entire consideration for

the assignment of copyright in their favour as per the Assignment

Agreement dated 18.11.2011, which has been marked as Ex.P5. Ex.P9 is the

printout of the Screenshots of the film 'OSTHI' in super cinema tamil dated

10.03.2015, which reveals that the defendant has illegally broadcasted the

cinematographic film 'OSTHI' in their You Tube Channel without the

permission of the plaintiff. The exchange of correspondence between the

plaintiff and the defendant in April 2015, which has been marked as Ex.P10

also confirms that the plaintiff has put on notice the defendant that

telecast the cinematographic film 'OSTHI' in any of the platforms. The letter

dated 28.04.2015 sent by the defendant to the plaintiff, which has been

marked as Ex.P11, confirms that the defendant had given undertaking to the

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plaintiff that they shall remove the cinematographic film 'OSTHI' from their

You Tube Channel and in future as well they shall stop telecasting the

movie 'OSTHI'.

7.As seen from the plaint averments, the plaintiff contends that

despite the undertaking given by the defendant that they shall remove the

movie 'OSTHI' from any of the Internet platforms and despite they having

given an undertaking that in future as well they shall stop broadcasting the

movie in any of the Internet platforms, they continue to do so and only

under those circumstances, they were constrained to file the suit.

8.As seen from the plaint averments as well as the documents filed

along with the plaint, which have been marked as Exhibits, as stated supra,

this Court is of the considered view that insofar as the copyright

infringement against the defendant as stated by the plaintiff is concerned,

the same has been proved by the plaintiff. Apart from seeking the relief of

permanent injunction, the plaintiff has also sought for damages from the

defendant for a sum of Rs.30,00,000/-. As seen from the evidence available

on record, no evidence has been produced by the plaintiff to prove that the

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plaintiff had suffered damages to the extent of Rs.30,00,000/- as claimed in

the plaint.

9.Therefore, this Court cannot award a sum of Rs.30,00,000/- in

favour of the plaintiff as claimed in the plaint. Since the plaintiff has proved

that the defendant has committed copyright infringement over the plaintiff's

amount of nominal damages will have to be awarded in favour of the

plaintiff. This Court fixes the same at Rs.1,00,000/-.

10.For the foregoing reasons, the suit is partly decreed by granting the

following relief in favour of the plaintiff:

a)Permanent injunction is granted restraining the defendant, its men,

representatives, agents and anybody on behalf of the defendant from in

anyway exhibiting or exploiting the Tamil film "OSTHI" starring

Silambarasan, Githa Ramesh, Richa Gangopadhyay, Sonu Sood & others

through satellite Television Broadcast Direct to Home broadcast, direct

satellite service, internet video streaming through all forms, I.P. T.V.,

broadband, telephone, telephony, cell phone radio (all dimensions) VCD,

https://www.mhc.tn.gov.in/judis

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, pay-per 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 construed

accordingly or any other systems without restriction of geographical area

and including all channels of Doordarshan for a perpetual period more

particularly in the internet;

b)The defendant is directed to pay nominal damages of Rs.1,00,000/-

to the plaintiff for illegally uploading the cinematographic film 'OSTHI' in

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You Tube Channel using pirated CDs and making the same available for

subscribed users as free downstream video within a period of one month

from the date of receipt of a copy of this judgment.

11.The defendant is also directed to pay the costs of the suit to the

plaintiff.



                                                                                            27.01.2025
                     Index              : Yes/No
                     Speaking Order : Yes / No
                     Neutral Citation Case: Yes / No
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                     List of witness:

                     Mr.M.Jyothi Basu (PW.1)

List of the exhibits marked on the side of the plaintiff:

                       Sl.Nos. Exhibits                  Description of documents
                             1    Ex.P1   True copy of the Board Resolution dated 14.11.2011
                             2    Ex.P2   Photocopy of the Assignment Agreement between

Arbaaz Khan production and Balaji Studios dated 17.03.2011 3 Ex.P3 Photocopy of the Assignment Agreement by Balaji Studios and Balaji Real Media dated 06.04.2011 4 Ex.P4 Photocopy of the Assignment Agreement between Reliance Big Entertainment and Balaji Real Media dated 28.07.2011 5 Ex.P5 Certified copy of the Assignment Agreement in favour of the plaintiff dated 18.11.2011 6 Ex.P6 Certified copy of the Lab Letter dated 18.11.2011 7 Ex.P7 Certified copy of the Censor Certificate dated 21.11.2011 8 Ex.P8 Certified copy of the Supplementary Agreement dated 07.12.2011 9 Ex.P9 Printout of the Screenshots of the suit film in super cinema tamil dated 10.03.2015 10 Ex.P10 Printout of the E-mail correspondences between the plaintiff and defendant in April 2015 11 Ex.P11 Photocopy of the Letter from the defendant dated 28.04.2015

27.01.2025 vga

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ABDUL QUDDHOSE, J.

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27.01.2025

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