Aalayam Productions, v. 1.M/S.Friends India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Aalayam Productions rep. by its Partner S.Sriram No.3, First Cross Street, Seethammal Colony Chennai - 18 ...Plaintiff .Vs.

1.M/s.Friends India rep. by its Prop.Jhamu U.Sughand No.3-C, Rajpipla Co.Op.Housing Society Ltd. 352, Linking Road, Santacruz (W) Mumbai - 400 054.

2.Amitabh Bachchan Corporation Ltd.

Ajanta Complex, 8, Juhu Tara Road, Mumbai - 400 049.

3.Hathway Cable Datacom Private Ltd Swati Building, 6th Floor Corner of North Avenue and Linking Road Santacruz (W) Mumbai - 400 054.

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and having office at Chennai No.29, Luz Avenue, (Opp. To Nageswar Rao Park) Mylapore, Chennai - 4.

... Defendants Plaint filed under Sections 55 and 62 of the Indian Copyright Act, 1957 read with Order IV Rule 1 of the High Court Original Side Rules praying for :

a) Permanent Injunction, restraining the defendants, their men, agents and servants from infringing the plaintiff's cable T.V., Satellite T.V and Terrestrial T.V. Copyrights in the Hindi feature film "BOMBAY" starring Aravind Swamy, Monisha Koirala and directed by Mani Rathnam and b) direct the defendants to pay costs of the suit. For Plaintiff : Mr.A.Umasankar For Defendants : No appearance ******** Page No.2/5

J U D G M E N T

The suit has been filed by the plaintiff seeking a) Permanent Injunction, restraining the defendants, their men, agents and servants from infringing the plaintiff's cable T.V., Satellite T.V and Terrestrial T.V. Copyrights in the Hindi feature film "BOMBAY" starring Aravind Swamy, Monisha Koirala and directed by Mani Rathnam and b) direct the defendants to pay costs of the suit.

2. Mr.Umashankar, learned counsel appearing for the plaintiff would submit that he is unable to contact the plaintiff. The letters sent by his Office have been returned as not claimed.

3. The suit relates to the satellite rights of the movie "BOMBAY". The suit itself is of the year 2001 and the counsel on either side are unable to get instructions from the parties. No useful purpose will be served in keeping the suit pending.

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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.

24.06.2021 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 24.06.2021 dsa Page No.4/5

R.SUBRAMANIAN, J.

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