M/S West Top Investments v. Mr G.Sathya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.01.2019

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.

M/s.West Top Investments (India) Pvt. Ltd., rep. by its Director Ghanshyam Hemdev No.73, Nungambakkam High Road Chennai - 600 034 ... Plaintiff Vs.

1.Mr.G.Sathya No.20, Inner Ring Road Victoria Garden, Flat No.80, 8th Floor Koyembedu Chennai - 600 107 2.M/s.AVM Laboratories 7, N.S.K.Salai Chennai - 600 026 3.M/s.Vijaya Colour Laboratory No.9-A, Kumaran Colony Main Road Vadapalani, Chennai - 600 026 4.Messrs Gemini Colour Laboratory No.2, Vembuliamman Koil Street Virugambakkam, Chennai - 600 092 5.M/s.Prasad Film Laboratories 58, Arunachalam Road Chennai - 600 093 .. Defendants This Civil Suit is preferred, under Sections 55 and 62 of the Indian Copyright Act, 1957 read with Order IV Rule 1 of O.S.Rules and Order VII Rule 1 of the Code of Civil Procedure, 1908 seeking a declaration that the plaintiff is the absolute owner of the limited copyrights viz., entire world web-internet Copyrights on a non-exclusive basis, entire cable TV Copyrights & Entire Video Copyrights including

VCD, DVD, Lasar disc etc. on sole and Exclusive basis for entire India in the films described in the schedule to the plaint as per the agreement dated 30.03.2004 for a perpetual period; a permanent injunction restraining the defendants, their men, agents, servants or assigns from in any manner infringing the limited copyrights viz., entire world web-internet Copyrights on a non-exclusive basis, entire cable TV Copyrights & Entire Video Copyrights including VCD, DVD, Lasar disc etc. on sole and Exclusive basis for entire India and for costs of the suit. For Plaintiff : Mr.K.Harishankar For Defendants : Mr.V.Deenadayalan for D1 No appearance for D2, D3 to D5

JUDGMENT

Mr.K.Harishankar, learned counsel on record for sole plaintiff submits that he has instructions from the plaintiff to withdraw the suit. Saying so, learned counsel has made an endorsement in the suit file, which reads as follows: 'The plaintiff prays that the suit may be dismissed as withdrawn Sd/- Counsel for plaintiff'

2. Reiterating the aforesaid endorsement, learned counsel also submits, on instructions, that plaintiff is not insisting on refund of Court fees. In the light of the aforesaid endorsement in the suit file and reiteration of the same, this suit is dismissed as withdrawn. There shall be no order as to costs. 29.01.2019 gpa

M.SUNDAR, J.

gpa C.S.No.404 of 2005 29.01.2019