← Library
Madras High CourtCS/336/2006dismissed as infructuous

M/S Meta Audio v. M/S Mass Media Arts

2021-06-21Honourable Mr Justice R. Subramanian7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 21ST DAY OF JUNE, 2021 THE HON'BLE MR. JUSTICE R. SUBRAMANIAN C.S. No.336 of 2006 M/s. META AUDIO, Rep. by its Prop. S. Haja Mohideen, Having office at, No. 37, II Floor Wallers Road, Anna Salai, Chennai - 600 002.

..Plaintiff Vs.

1. M/s. MASS MEDIA ARTS, Rep. by its Proprietor RadaPandian Having office at, No. 38/F-12/A, Sumukha Apartment, IInd Street, Parthasarathi Nagar, Adambakkam, Chennai - 600 088.

2. G. Sathya, 80, Victoria Gardens, 8th Floor, 20, Inner Ring Road, Koyambedu, Chennai- 600 107.

3. M/s. UNITED INDIA EXPORTERS Rep. by its Partner Mohammed Yahiya Having office at No. 73, Pursawalkam High Road, Chennai - 600 007.

..Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a Judgment and Decree in favour of the Plaintiff and as against the

Defendants (a) For a Permanent Injunction restraining the First, Second and Third Defendant herein, their men, agents, servants, authorized persons or any one claiming under them or through them from releasing, distributing, exhibiting or exploiting the picture, titled "Suyetchai M.L.A.", starring Sathyaraj, Goundamani, Prakashraj, Manthra and others, Music by Sabesh Murali and Directed by Guru Dhanapal, without settling the claims of the Plaintiff (b) For the cost of the suit.

This Suit carring on this day before this court for hearing in the presence of Mr. A. Chidambaram, Advocate for the 1st defendant and Ms. Kavitha Deenadayalan for Mr. V. Deenadayalan, Advocates for the 2nd defendant herein and the plaintiff herein, not appearing in person or by advocate and upon reading the plaint filed herein and the learned counsel for the 1st defendant submitting that the movie has been released even in the year 2006 and therefore nothing survives in the suit, and considering the prayer in the suit, this court also of the opinion that the suit does not survive, it is ordered as follows:- That the suit in C.S. No. 336 of 2006, be and is hereby disposed of as having become infructuous.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE JUSTICE MR. SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 21ST DAY OF JUNE, 2021.

Sd./- ASSISTANT REGISTRAR (O.S.I) //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.

VF-12.07.2021 C.S. No.336 of 2006 ORDER :- DATED: 21.06.2021 THE HON'BLE MR. JUSTICE R. SUBRAMANIAN FOR APPROVAL: 12/07/2021 APPROVED ON: 14/07/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.336 of 2006 M/s.META AUDIO, Rep. by its Prop. S.Haja Mohideen, Having office at No.37, II Floort, Wallers Road, Anna Salai, Chennai - 600 002.

...Plaintiff .Vs.

1.M/s.MASS MEDIA ARTS, Rep. by its Proprietor Radapandian Having Office at No.38/F-12/A, Sumukha Apartment, IInd Street, Parthasarathi Nagar, Adambakkam, Chennai - 600 088.

2.G.Sathya 3.M/s.UNITED INDIA EXPORTERS Rep. by its Partner Mohammed Yahiya Having Office at No.73, Purasawalkam High Road, Chennai - 600 007.

... Defendants Plaint filed under Section 55, 56 and 62 of the Copyright Act, 1957 read with Order IV Rule 1 of the Original Side Rules praying for: a) A permanent injunction restraining the first, second and third defendant herein, their men, agents, servants, authorized persons or any one claiming under them or through them from releasing, distributing,

exhibiting or exploiting the picture, titled "Suyetchai M.L.A." starring Sathyaraj, Goundamani, Prakshraj, Manthra and others, Music by Sabesh Murali and Directed by Guru Dhanapal, without settling the claims of the plaintiff and b) for costs of the suit.

For Plaintiff : No appearance For Defendants : Mr.A.Chidambaram for D1 Ms.Kavitha Deenadayalan for Mr.V.Deenadayalan for D2 ********

J U D G M E N T

The plaintiff has come up with the above suit seeking a) A permanent injunction restraining the first, second and third defendant herein, their men, agents, servants, authorized persons or any one claiming under them or through them from releasing, distributing, exhibiting or exploiting the picture, titled "Suyetchai M.L.A." starring Sathyaraj, Goundamani, Prakshraj, Manthra and others, Music by Sabesh Murali and Directed by Guru Dhanapal, without settling the claims of the plaintiff and b) for costs of the suit.

2. None appears for the plaintiff. Heard Mr.A.Chidambaram, learned counsel appearing for the 1st defendant and Mrs.Kavitha Deenadayalan,

learned counsel appearing for the 2nd defendant.

3. Mr.A.Chidambaram, learned counsel appearing for the 1st defendant would submit that the movie has been released even in the year 2006 and therefore nothing survives in the suit.

4. Considering the prayer in the suit, I am also of the opinion that the suit does not survive. Therefore, the suit is disposed of as having become infructuous. No costs.

Sd./- R.S.M.J., 21.06.2021 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., 21.06.2021 // Certified to be true copy// Dated at Madras this 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.