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Madras High CourtCS/761/1999dismissed as settled out of court

Raj Television Network Ltd. v. M.S.Murali And Two Others

2021-10-28Honourable Mr Justice R. Subramanian6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 28TH DAY OF OCTOBER 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S. No.761 of 1999 Raj Television Network Ltd., rep by Director M.Raveendran ...Plaintiff -Vs1. M.S.V.Murali, Proprietor, Sri Vijayalakshmi Movie Land 2 .SUN TV rep. by its Managing Director

3. Jaya TV rep. by its Managing Director ... Defendants Civil Suit praying that this Hon'ble Court be pleased to grant a Judgment and decree in favour of the plaintiff. a) For a declaration that the plaintiff is the absolute owner of the limited copyright viz., the world satellite TV rights amongst other rights in the picture "Tata - Birla" starring Parthiban, Goundamani, Raxna and others and directed by C.Renganathan.

b) for a permanent injunction restraining the defendants, their men, agents, servants or any other person acting on their behalf from telecasting the picture or interfering with the plaintiff's limited copyright in the picture

"Tata - Birla" starring Parthiban, Goundamani, Raxna and others and directed by C.Renganathan and c) for costs of the suit.

This Civil Suit coming on this day before this Court for hearing in the presence of Ms.Monica Chopra for Mr.C.Ramesh, Advocate for the plaintiff herein and Mr.Y.Anil Kumar, Advocate for the 2nd defendant herein and Mr.Muthukumaresan, Advocate for the 3rd defendant herein and upon reading the plaint filed herein in C.S.No.761 of 1999 and the learned counsel for the plaintiff having submitted that the suit has been settled out of Court, and this Court doth recording the said statement, it is ordered as follows:- That the suit in C.S.No.761 of 1999 be and is hereby dismissed as settled out of Court.

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 28th DAY OF OCTOBER 2021.

Sd/- ASSISTANT REGISTRAR (COMM.CASES) //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.

Skg 28.12.2021 C.S. No.761 of 1999 DECREE:

DATED: 28.10.2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN FOR APPROVAL: 30.12.2021 APPROVED ON: 24.01.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.761 of 1999 Raj Television Network Ltd., rep by Director M.Raveendran ...Plaintiff .Vs.

1.M.S.V.Murali, Proprietor Sri Vijayalakshmi Movie Land 2.SUN TV rep. by its Managing Director 3.Jaya TV rep. by its Managing Director ... Defendants Plaint filed under Section 55 and 62 of the India Copyright Act read with Order IV Rule 1 of the Original Side Rules and Order VII Rule 1 of the Code of Civil Procedure praying for a judgment and decree: a) for a declaration that the plaintiff is the absolute owner of the limited copyright viz., the world satellite TV rights amongst other rights in the picture "Tata - Birla" starring Parthiban, Goundamani, Raxna and others and directed by C.Renganathan;

b) for a permanent injunction restraining the defendants, their men, agents, servants or any other person acting on their behalf from telecasting

the picture or interfering with the plaintiff's limited copyright in the picture "Tata - Birla" starring Parthiban, Goundamani, Raxna and others and directed by C.Renganathan and c) for costs of the suit.

For Plaintiff : Ms.Monica Chopra for Mr.C.Ramesh For Defendants : Mr.Y.Anil Kumar for D2 Mr.Muthukumaresand for D3 ********

J U D G M E N T

The suit is one for infringement of copyright, which qualifies as a commercial dispute as defined under Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015. The jurisdiction is thus determined and this Commercial Division takes cognizance of the suit.

2. Ms.Monica Chopra, learned counsel appearing for the plaintiff would submit that the suit has been settled out of Court.

3. Recording the said statement of the counsel for the plaintiff, this suit is dismissed as settled out of Court. No costs. . Sd./- R.S.M.J.

28.10.2021

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 Sd./- R.S.M.J.

28.10.2021 //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.