Raj Television Network Ltd. v. K S R Das, Proprietor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 04TH DAY OF APRIL 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S. No.802 of 1999 In the matter of the Indian Copy Right Act 1957 and In the matter of the Limited Copy Right in the picture "ROJAVAI KILLATHEY" Tamil Colour.
Raj Television Network Ltd, rep. by its Director, M.Raveendran.
having its office at No.12-B, Poes Road III Street, Teynampet, Chennai - 18.
... Plaintiff -Versus1.K.S.R.Das, Proprietor, Sukumar Art Combines, No.5, S.M.N.Road, Mahalingapuram, Chennai - 34.
2.P.Sivaprasad No.19/5, Unnamalai Ammal Street, T.Nagar, Chennai 17.
3.Ch.Balu, No.6, Mullair Street, Gandhi Nagar, Saligramam, Chennai 93.
4.S.Vinod, Plot No.8, Sai Enclave Road, No.12, Banjara Hills, Hyderabad.
5.Mavis Satcom Private Limited rep. by its President registered office at 31A, Poes Garden, Chennai 86.
6.O K Films, 829, Airline Buildings, Anna Salai, Chennai 2.
7. Jaya TV rep. by its Managing Director registered office at 31A, Poes Garden, Chennai 86.
...Defendants Civil Suit praying that this Hon'ble Court be pleased to pass judgment and decree against the defendants as follows: a. For a declaration that the plaintiff is the absolute owner of the limited copyright viz., the world satellite television rights in the picture "ROJAVAI KILLATHEY" Tamil colour starring Arjun, Kushboo etc., and directed by Suresh Krishna for perpetual period. b. for a permanent injunction restraining the defendants, their men, agents, assignees, servants or any other person acting on their behalf from exploiting or interfering with the plaintiff's exploiting the world satellite television rights in the picture "ROJAVAI KILLATHEY" Tamil colour starring Arjun, Kushboo etc., and directed by Suresh Krishna for perpetual
period.
c. For costs of the suit.
This Civil Suit coming on this day before this court for hearing in the presence of Mr.C.Ramesh, advocate for the plaintiff herein and Mr.A.Jeenasenan, advocate for the defendants 5 and 7 herein and upon reading the plaint and the memo dated 26.03.2022 having been filed by the advocate for 5th and 7th defendant herein and this court doth recording the said memo and, it is ordered and decreed as follows:- That Raj Television Network Ltd., rep. by its Director, M.Raveendran, the plaintiff herein be and is hereby declared as absolute owner of the limited copyright viz., the world satellite television rights in the picture "ROJAVAI KILLATHEY" Tamil Colour starring Arjun, Kushboo etc., and directed by Suresh Krishna for perpetual period.
2. That 1. K S R Das, Proprietor, Sukumar Art Combines;
2. P.Sivaprasad, 3. Ch.Balu, 4.S.Vinod, 5.Mavis Satcom Private Limited, rep. by its president, 6. OK Films and 7. Jaya TV, rep. by its Managing Director, the defendants herein, their men, agents, assignees, servants or any other person acting on their behalf be and are hereby restrained by an order of permanent injunction from exploiting or interfering with the plaintiff's exploiting the world satellite television rights in the picture "ROJAVAI KILLATHEY" Tamil Colour starring Arjun, Kushboo etc., and directed by
Suresh Krishna for perpetual period.
3. That there shall be no costs of this suit. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 04th DAY OF APRIL 2022. Sd/- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
MU 28.04.2022 C.S. No.802 of 1999 DECREE DATED : 04.04.2022 THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 18.05.2022 APPROVED ON: 26.05.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.S.No.802 of 1999 Raj Television Network Ltd., rep. by its Director, M.Raveendran ... Plaintiff Vs.
1. K.S.R.Das, Proprietor Sukumar Art Combines
2. P.Sivaprasad
3. Ch.Balu
4. S.Vinod
5. Mavis Satcom Private Limited rep. by its President
6. O K Films
7. Jaya TV rep. by its Managing Director ... Defendants Plaint filed under Sections 52 and 62 of the Copy Right Act read with Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 CPC, praying for a judgment and decree as follows :
a) For a declaration that the plaintiff is the absolute owner of the limited copyright viz., the world satellite television rights in the picture "ROJAVAI KILLATHEY" Tamil colour starring Arjun, Kushboo etc., and directed by Suresh Krishna for perpetual period. b) For a permanent injunction restraining the defendants, their men, agents, assignees, servants or any other person acting on their behalf from exploiting or interfering with the plaintiff's exploiting the world satellite television rights in the picture "ROJAVAI KILLATHEY" Tamil colour starring Arjun, Kushboo etc., and directed by Suresh Krishna for perpetual period.
For Plaintiff : Mr.C.Ramesh For D5 and D7 : Mr.A.Jeenasenan
JUDGMENT
The suit has been filed by the plaintiff seeking the following reliefs: a) For a declaration that the plaintiff is the absolute owner of the limited copyright viz., the world satellite television rights in the picture "ROJAVAI KILLATHEY" Tamil colour starring Arjun, Kushboo etc., and directed by Suresh Krishna for perpetual period. b) For a permanent injunction restraining the defendants, their men, agents, assignees, servants or any other person acting on their behalf from
exploiting or interfering with the plaintiff's exploiting the world satellite television rights in the picture "ROJAVAI KILLATHEY" Tamil colour starring Arjun, Kushboo etc., and directed by Suresh Krishna for perpetual period.
2. When the matter was taken up for hearing on 30.03.2022, the learned counsel for the defendants has informed before this Court that the defendants will not interfere in this matter and they will abide by the orders of this Court. Accordingly, the learned counsel for 5th and 7th defendants has filed a memo dated 26.03.2022 stating as follows : "On 26.03.2022, we have received Written Instructions from our clients, the 1st defendant herein that as of now they have no interest over the said picture "ROJAVAI KILLADEY" and that they also have no right to telecast the same in the T.V.Channel. This Court may be pleased to record the Aforementioned Written Instructions received by us on behalf of the 1st defendant namely MAVIS SATCOM LIMITED which is enclosed along with Memo dated 26.03.2022."
3. The aforesaid memo dated 26.03.2022 is recorded by this Court. In view of the memo filed by the learned counsel for 5th and 7th defendants, it is made clear that the plaintiff is the absolute copyright owner of the film "ROJAVAI KILLATHEY" which included satellite rights perpetually.
Hence, this Court is inclined to allow the suit.
4. Accordingly, the suit is decreed as prayed for. No costs. Sd./-V.B.S.J.
04.04.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.