M/S.O.K. Films v. M/S. Aditya Cable Views
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN M/s.O.K.Films Represented by its Proprietor Mr.Mani Airlines Buildings, 829, Anna Salai, Chennai - 600 002.
...Plaintiff .Vs.
1.M/s.Aditya Cable Views Represented by its Proprietor Mr.P.T.Jayaraman 213, Tower View Lodging Complex Tower Junction Nagercoil.
2.M/s.Motherland Enterprises Rep. by Proprietor Mr.Ali Hotel Thanamani Lodge Near Kudal Alankar Perumal Temple Madurai - 1 Page No.1/6
3.M/s.Run Enterprises Rep. by Partner Mr.Moorthy S/11, II Floor, New Bus Stand Salem 9 4.Solar Entertainments Rep.
5/12 B, D 2nd Anna Street Angammal Colony Salem 9 5.M/s.Win Mediyas Rep. by its Managing Partner R.Balu 7-B, Angammal Colony, T V S Busstop Salem 9 6.M/s.City Television Network Rep. by its No.230-231 PTR Complex Opp. Municipal Office, Mount Road Coonoor 643 162.
7.M/s.Madura Cable Net Perumal Koil Street Thiruvatchur & Post Perambalur District ... Defendants Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure and Sections 55 and 62 of the Copy Rights Act, 1957 praying for a decree and judgment : Page No.2/6
a) for a declaration declaring that the plaintiff is the sole copyright holder including the transport buses rights and cable TV rights for the area of entire Tamil Nadu State in respect of the 276 films more fully described in the schedule to the plaint. Consequently declare that the Letter of arrangement dated 25.02.2005 is null and void. b) for a permanent injunction restraining the defendants, their men, agent, servant etc., in any manner infringing the copy right of the plaintiff by telecasting in respect of the 276 films in transport buses, or through cable TV for the entire area of Tamil Nadu. c) to direct the defendants to pay jointly and severally to the plaintiff the sum of Rs.10,01,000/- towards compensation for infringement of the copy right own by the plaintiff in respect of the said 276 films more fully described in the schedule to the plaint and d) for costs of the suit.
For Plaintiff : Mr.Thiageswaran for M/s.Waraon & Sairams For Defendants : D1, D2 to D5 - unserved D6 and D7 - No appearance ******** Page No.3/6
J U D G M E N T
The suit has been filed by the plaintiff seeking a) for a declaration declaring that the plaintiff is the sole copyright holder including the transport buses rights and cable TV rights for the area of entire Tamil Nadu State in respect of the 276 films more fully described in the schedule to the plaint. Consequently declare that the Letter of arrangement dated 25.02.2005 is null and void. b) for a permanent injunction restraining the defendants, their men, agent, servant etc., in any manner infringing the copy right of the plaintiff by telecasting in respect of the 276 films in transport buses, or through cable TV for the entire area of Tamil Nadu. c) to direct the defendants to pay jointly and severally to the plaintiff the sum of Rs.10,01,000/- towards compensation for infringement of the copy right own by the plaintiff in respect of the said 276 films more fully described in the schedule to the plaint and d) for costs of the suit.
Page No.4/6
2. Mr.Thiageswaran, learned counsel appearing for the plaintiff would submit that the Proprietor of the plaintiff is no more and nothing survives in the suit.
3. Hence, the suit is dismissed as abated. No costs. 28.06.2021 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 28.06.2021 dsa Page No.5/6
R.SUBRAMANIAN, J.
dsa 28.06.2021 Page No.6/6