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Madras High CourtCS/962/2003dismissed as withdrawal

Sun Tv Ltd., v. M/S Hathway Cable Of Data Cum

2021-03-18Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2021

CORAM:

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sun TV Pvt Ltd., Rep by its Manager (Programmes), Mr.L.Jotheeshwaran, 367 / 369, Anna Salai, Teynampet, Chennai 600 018.

... Plaintiff ..Vs..

M/s.Hathway Cable & Datacom Pvt. Ltd., and "C" Chennai, Rep by its Managing Director, Mr.Jayaraman, House of Lords, Flat G-B, Door No.29, Luz Avenue, Mylapore, Chennai 600 004.

... Defendant PRAYER : Plaint filed under and Order VII Rule 1 of CPC read with under Sections 55, 60 and 62 of the Copyright Act, prayed for a Judgment and Decree:- (a) For a permanent injunction restraining the defendant, their men, agents, servants etc., from infringing the plaintiff, copyright as per the agreements dated 29.07.1998 etc., telecasting the song, clippings or any part 1/4

of the schedule mentioned films in the defendants channel. (b) For costs of this Suit.

For Plaintiff : Ms.M.Sneha For Defendant : No Appearance *********

J U D G M E N T

A memo dated 10.03.2021 had been filed by the learned counsel for the plaintiff wherein it had been stated as follows: "It is respectfully submitted that since the cause of action in the suit does not survive, hence it is respectfully submit that this Honourable Court may be pleased to permit the plaintiff to withdraw the above suit. Hence it is prayed that this Honorable Court may be pleased to record this memo and pass and pass such suitable orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus 2/4

render justice."

2. In view of the same, suit is dismissed as withdrawn. No order as to costs. The memo dated 10.03.2021 shall form part of the decree. 18.03.2021 Index : Yes / No Web : Yes / No rna C.V.KARTHIKEYAN, J 3/4

rna 18.03.2021 4/4