M/S. O.K.Film & v. M/S. B.V.Combines

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.07.2019 Coram The Honourable Mr.Justice KRISHNAN RAMASAMY C.S.No.955 of 2007 and O.A.No.1205 of 2007 M/s.O.K.Films, Rep. by its Sole Proprietor, Mr.R.V.Mani, No.829, Mount Road, Airlines Building, Chennai - 600 002.

...Plaintiff

Versus

1.M/s.B.V.Combines, Rep. by its Power of Attorney Holder, Mr.S.A.Chandrasekaran, No.64, Kaveri Street, Saligramam, Chennai - 600 093.

2.M/s.Mani Raja Pictures, Rep. by its Proprietor, K.Subramanian, No.12, Narasingapuram Street, Chennai - 600 002.

3.M/s.Gemini Colour Laboratory, No.2, Vembuliamman Koil Street, Virugambakkam, Chennai - 600 092.

4.M/s.Santosh Video Vision, No.3, 4th Lane, Bhavani Mansion, Nungabakkam, Chennai - 600 034.

...Defendants

(Amendment carried out as per Order dated 12.08.2010 in Application Nos.927 & 928 of 2008 by impleading the fourth defendant) This suit is 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 Indian Copies Right, 1957 for the following reliefs: (a) For a declaration declaring that the plaintiff is the absolute world negative right and copyright owner of the Tamil Talkie picture "CHENDURA PANDI" starring Vijayakanth, Vijay, Gauthami including the world satellite right as contemplated under the agreement dated 03.07.2003;

(b) For a permanent injunction restraining the 1st & 2nd defendants from in any manner infringing with the absolute world negative right and copyright including the world satellite right of the Tamil Talkie picture "CHENDURA PANDI" starring Vijayakanth, Vijay, Gauthami owned by the plaintiff in pursuance of the agreement dated 03.07.2003 consequently, restraining the third defendant form in any manner releasing or delivering the UMatic/Beta/cassettes/prints for the purpose of telecasting the above said film "CHENDURA PANDI" in the satellite media to the 1st & 2nd defendants or any third parties claiming under them without the knowledge of the plaintiff; and (c) For the cost of the suit.

For Plaintiff :

Mr.P.Neethi Kumar for M/s.Waraon & Sai Rams

J U D G M E N T

The learned counsel for plaintiff submitted that he is not pressing the suit since the proprietor who represented the plaintiff Firm has passed away. He therefore prayed for the dismissal of the suit and has also made an endorsement to that effect.

2. In view of the submission coupled with an endorsement made by the plaintiff's counsel, this Civil Suit is dismissed as not pressed. No costs. Consequently, connected Application is closed. 12.07.2019 mrr Index : Yes/No

KRISHNAN RAMASAMY , J., mrr C.S.No.955 of 2007 12.07.2019