← Library
Madras High CourtCS/753/1999dismissed for nonprosecution

M/S.Rafa International v. M/S.Vijayashree Arts

2021-07-27Honourable Mr Justice R. Subramanian7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 27TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE R. SUBRAMANIAN C.S. No.753 of 1999 M/s.Rafa International, Rep. By its Proprietor, PMA.Latheef, rep. By its Power of Attorney Agent, Mr.O.C.Mohammed ...Plaintiff Vs.

1.M/s.Vijayashree Arts, rep. By its Sole Proprietor, Mrs.Sesekala Venu, 6/97, Manju Apartments, Nesapakkam, Madras - 600 078.

2.Mr.O.P.Venoo, Power of Attorney of Mrs.Sasakala Venu, M/s.Vijayashree Arts, 6/97, Manju Apartments, Nesapakkam, Chennai - 600 078.

...Defendants Civil suit praying that this Hon'ble Court be pleased to pray for a judgment and decree against the defendants:

a) a declaration that the plaintiff is the absolute owner of the entire Overseas, Videorights, Cable TV, Satellite rights for entire world including

India of the Cinematographic Malayalam Motion Picture entitled as "Paarassaala Paramu Payyannoor Paatchan" starring Srinivasan, Jagathy, Rajan P.Dev, Anju, Sreeja, Sukumari and others music by S.P.Venkitesh directed by G.P.Venoo;

b) a permanent injunction restraining of the defendants their men, agents, representatives or any of them claiming under them from interverring the rights of the entire overseas, Videorights, Cable TV, Satellite rights for entire world including India; c) the cost of the suit.

This suit coming on this day before this Court for hearing in the presence of Mr.K.Shanmugakani, Advocate for the plaintiff herein and upon reading the plaint filed herein and the learned counsel for the plaintiffs having submitted that he is unable to contact the plaintiff and though the suit is of the year 1999, both the defendants are unserved, it is ordered as follows:- That the suit in C.No. 753 of 1999, be and is hereby dismissed for non-prosecution.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 27TH DAY OF JULY 2021.

Sd/- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 03/09/2021 C.S. No.753 of 1999

ORDER

DATED : 27.07.2021 THE HON'BLE MR.JUSTICE R. SUBRAMANIAN FOR APPROVAL: 15/09/2021 APPROVED ON: 17/09/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.753 of 1999 M/s.Rafa International, Rep. By its Proprietor, PMA.Latheef, rep. By its Power of Attorney Agent, Mr.O.C.Mohammed ...Plaintiff Vs.

1.M/s.Vijayashree Arts, rep. By its Sole Proprietor, Mrs.Seakala Venu, 6/97, Manju Apartments, Nesapakkam, Madras - 600 078.

2.Mr.O.P.Venoo, Power of Attorney of Mrs.Sasakala Venu, M/s.Vijayashree Arts, 6/97, Manju Apartments, Nesapakkam, Chennai - 600 078.

...Defendants Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules r/w. Order VII Rule 1 of C.P.C., r/w. Sections 55 & 62 of the Copy Right Act, 1957, praying as follows:- a) a declaration that the plaintiff is the absolute owner of the entire Overseas, Videorights, Cable TV, Satellite rights for entire world including India of the Cinematographic Malayalam Motion Picture entitled as "Paarassaala Paramu Payyannoor Paatchan" starring Srinivasan, Jagathy, Rajan P.Dev, Anju, Sreeja, Sukumari and others music by S.P.Venkitesh directed by G.P.Venoo;

b) a permanent injunction restraining of the defendants their men,

agents, representatives or any of them claiming under them from interverring the rights of the entire overseas, Videorights, Cable TV, Satellite rights for entire world including India; c) the cost of the suit.

d) and pass such further or other orders as this Hon'be Court may deem fit and proper in the circumstances of this case and thus render justice. For Plaintiff : Mr.K.Shanmugakani - No instructions For Defendants : Unserved

J U D G M E N T

Mr.K.Shanmugakani, learned counsel appearing for the plaintiff would submit that he is unable contact the plaintiff. 2.Though the suit is of the year 1999, both the defendants are unserved. Hence, the suit is dismissed for non-prosecution. No costs. Sd./-R.S.M.J.

27/07/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. List of witness and documents filed on the side of the plaintiff: Nil

List of witness and documents filed on the side of the defendants: Nil Sd./-R.S.M.J.

27/07/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.