M/S.Bavaria International v. Tamil Ponnie Art And Two Othrs

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN M/s.Bavaria International No.3, Mada Church Road, Mandavelipakkam, Chennai - 600 028, rep. by Proprietor Mr.L.Adaikalraj ...Plaintiff .Vs.

1.Tamil Ponnie Art No.41, Second Street, Kumaran Colony Vadapalani Madras - 600 026.

rep. by its Power of Attorney Holder Mr.Aabaavanan 2.Lakshmi Productions No.52, Dr.B.N.Road T.Nagar, Madras - 600 017.

3.Aabaavanan ... Defendants Page No.1/4

Plaint filed under Sections 55 and 62 of Copyright Act read with Order XXXVII Rule 1 of the Original Side Rules praying for a judgment and decree for:

a) permanent injunction restraining the defendants their men, agents or servants from in any manner infringing the plaintiffs copyright over the negatives (both sound and picture) of the cinematography Tamil full length feature film "Senthoora Poove" in 35 mm colour starring Vijayakanth, Ramki, Nirosha and others directed by P.R.Devaraj and b) to direct the defendants to pay the costs of the suit. For Plaintiff : Mr.A.Umashankar ********

J U D G M E N T

The suit is one for injunction restraining the defendants from infringing the copyrights of the plaintiff over the cinematography film "Senthoora Poove".

2. Heard Mr.A.Umashankar, learned counsel appearing for the plaintiff.

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3. The suit itself is of the year 1999. The movie was released long back. The plaintiff is a financier who has obtained certain rights over the movie. Now, the movie itself has been released, I do not think that the suit survives.

4. Hence, the suit is dismissed under Rule 3(a) of Order XIII A of the Code of Civil Procedure as amended by the Commercial Courts Act, 2015, reserving the liberty to the plaintiff to take appropriate action if there is any violation in future. No costs.

28.06.2021 dsa Index : No Internet : Yes Non-speaking order List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil 28.06.2021 dsa Page No.3/4

R.SUBRAMANIAN, J.

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