Citation : 2025 Latest Caselaw 4902 Mad
Judgement Date : 16 June, 2025
OSA (CAD) No.56 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUNDER MOHAN
OSA (CAD) No.56 of 2023
&
C.M.P.No.12160 of 2023
M/s. Sreedevi Video Corporation
Rep by its Partner Ghanshyam Hemdev
Old No. 14, New No.2
Vidhyodaya 2nd Cross Street
T.Nagar, Chennai 600 014. .. Appellant
Vs.
1. M/s.TKP Pictures
No.4, Salim Crescent Park
No. 2 and 3, First Cross, Kamaraj Street
Gandhi Nagar, Saligramam
Chennai 600 093.
2. M/s. Vijaya Colour Laboratory
No.9A, Kumaran Colony Main Road
Vadapalani, Chennai 600 026.
3. B.Thenmozhi .. Respondents
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OSA (CAD) No.56 of 2023
Prayer : Appeal under Section 13 of Commercial Courts Act, 2015 read with
Clause 15 of Letters Patent against the order dated 08.02.2023 in C.S.No.
262 of 2020.
For Appellant : Mr.K.Harishankar
For Respondents : Mr.S.Sivakumar
for Respondent-1
R2 – Given up
R3 – No appearance
JUDGMENT
(Judgment of the Court was delivered by the Hon'ble Chief Justice)
As regards respondents 2 and 3, suit was proceeded with ex parte.
2. Prayers in the suit were as under:
(a) Declaring that the Plaintiff is the absolute owner of all the copyrights as set out in the Agreement dated 27.11.2004, in the film titled “MALLU VETTY MINOR”;
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(b) For a permanent injunction restraining the Defendants, their men, agents, servants or persons acting on their behalf or claiming through them from in any manner infringing the Plaintiff's copyrights by taking prints or by exploiting any copyrights in the film titled “MALLU VETTY MINOR”;
(c) For costs of the suit; and
(d) For such further or other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.”
3. The only person who was contesting was defendant No.1, who is
respondent No.1 before us.
4. Shri. Sivakumar for respondent No.1 states respondent No.1 is not
interested and respondent No.1 does not have the copyrights for the film.
Shri. Sivakumar states that if the suit is decreed in favour of plaintiff,
respondent No.1 has no objection.
5. In the circumstances, without going into the details, we grant the
prayers (a) and (b). We clarify that the decree granted is only as against
respondent No.1, namely TKP Pictures and no one else.
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6. Appeal is disposed of. There shall be no order as to costs.
Consequently, the interim application is closed.
(K.R.SHRIRAM, CJ) (SUNDER MOHAN,J.)
16.06.2025
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Registrar General
High Court, Madras.
2. The Sub Assistant Registrar
Original Side,
High Court, Madras.
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THE HON'BLE CHIEF JUSTICE
AND
SUNDER MOHAN,J.
(kpl)
16.06.2025
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