Anil Kumar Jain v. 1.N.Krishna Kumar (Unni)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S. No.911 of 2002 In the matter of The Indian Copyright Act 1957 And In the matter of the limited Copyright Viz., the World satellite Television Broadcasting Right in the picture SAPHALYAM Malayalam-Colour Anil Kumar Jain, S/o.Mr.Sohanlal jain, 17, Vinayagapuram, 1st street, MMDA Colony, Arumbakkam, Chennai - 600 106.
... Plaintiff
Versus
1. N.Krishna Kumar (Unni) Sole Proprietor Kripa Films, Cotton Hills, Trivandrum -14.
2. A.Saleem, Proprietor Jananee Combines, No.12, Kavarai Street, Vadapalani, Chennai - 600 026.
... Defendants
Civil suit praying that this Hon'ble Court be pleased to judgement and decree against the defendants as follows:- a) for a declaration that the plaintiff is the absolute owner of the limited copyright namely limited copyright namely World Satellite Television Broadcast, Direct to Home (Direct Satellite) Broadcast, Terrestrial Television Broadcast including all channels of Doordarshan Kendra including Movie Club(DD-4) all other rights connected therewith including exhibition of the picture by means of wireless diffusion and by wire for communication to the Public through television in the picture SAPHALYAM -Malayalam - Colour starring Suresh Gopi, Sangeetha, etc., and directed by G.S.Vijayan for 15 years from 28.04.1999.
b) for a permanent injunction restraining the defendants, their men, agents, assignees, servants, or any other person authorised by them from interfering or infringing the plaintiff's limited copyright namely the World Satellite Television Broadcast, Direct to Home (Direct Satellite) Broadcast, Terrestrial Television Broadcast including all channels of Doordharshan Kendra including Movie Club(DD-4) all other rights connected therewith including exhibition of the picture by means of wireless diffusion and by wire for communication to the Public through television in the picture SAPHALYAM-Malayalam-Colour starring Suresh Gopi, Sangeetha, etc., and directed by G.S.
c) for cost of the suit;
This Civil Suit coming on this day before this court for hearing in the presence of Ms.Raaja Mani for Mr. C.Ramesh & C.Balaji, Advocate for the plaintiff herein and the defendants not appearing in person or by an Advocate and upon reading the plaint filed herein and the learned counsel for the plaintiff would submit that the suit itself has become infructuous and seeks permission to withdraw the suit and this court doth recording the submission and, it is ordered as follows:- (i) That the suit in C.S.No.911 of 2002 be and is hereby dismissed as withdrawn.
(ii) That there shall be no costs in this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15TH DAY OF SEPTEMBER 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.
VSP 04/10/2021 C.S. No.911 of 2002
ORDER
DATED : 15.09.2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN FOR APPROVAL:12.11.2021 APPROVED ON:15.11.2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.911 of 2002 Anil Kumar Jain ...Plaintiff .Vs.
1.N.Krishna Kumar (Unni) Sole Proprietor Kripa Films 2.A.Saleem Proprietor Jananee Combines ... Defendants Plaint filed under Section 55 and 62 of the Copyright Act, 1957 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 against the defendants as follows:
a) for a declaration that the plaintiff is the absolute owner of the limited copyright namely World Satellite Television Broadcast, Direct to Home (Direct Satellite) Broadcast, Terrestrial Television Broadcast including all channels of Doordarshan Kendra including Movie Club (DD4) all other rights connected therewith including exhibition of the picture by means of wireless diffusion and by wire for communication to the Public through television in the picture SAPHALYAM - Malayalam - Colour starring Suresh Gopi, Sangeetha, etc., and directed by G.S.Vijayan for 15 years from 28.04.1999;
b) for a permanent injunction restraining the defendants, their men, agents, assignees, servants, or any other person authorised by them from interfering or infringing the plaintiff's limited copyright namely the World Satellite Television Broadcast, Direct to Home (Direct Satellite) Broadcast, Terrestrial Television Broadcast including all channels of Doordarshan Kendra including Movie Club (DD-4) all other rights connected therewith including exhibition of the picture by means of wireless diffusion and by wire for communication to the Public through television in the picture SAPHALYAM - Malayalam - Colour starring Suresh Gopi, Sangeetha, etc., and directed by G.S.Vijayan and c) for cost of the suit.
For Plaintiff : Ms.Raajamani for Mr.C.Ramesh For Defendants : No appearance ********
J U D G M E N T
Ms.Raajamani, learned counsel representing Mr.C.Ramesh, learned counsel for the plaintiff would submit that the suit itself has become infructuous and seeks permission to withdraw the suit.
2. Recording the said submission of the counsel for the plaintiff, this suit is dismissed as withdrawn. No costs.
Sd./-R.S.M.J 15.09.2021 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 15.09.2021 //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.