Mr.Sajith Pachat v. M/S.Sree Devi Video Corporatio

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 19TH DAY OF FEBRUARY 2018 THE HON'BLE MR.JUSTICE M.SUNDAR A.Nos.1349 & 1350 of 2018 in C.S.No.922 of 2016 M/s.Sreedevi Video Corporation represented by its Partner Mr.Ghanshyam Hemdev No.5/3 Muktha Garden, Spurtank Road, Chetpet, Chennai 600 031 .. Plaintiff -Versus1 Google India Pvt Ltd.

rep. by its Managing Director 8th and 9th Floor Tower C, Building No.8, DLF Cyber City, Gurgaon 122 002 2 You Tube rep. by its Manager, DMCA Complaints You Tube (Google INC) 901 Cherry Avenue, SAN Bruno, CA94066 USA 3 Bing Rep by its Manager Microsoft Corpn of india Limited, 4th floor, Usha Jublee Town -36, 8-2-293/82/A/1130/A, road No.36, Jubilee Hills, Hydarabad-500 033 4 Yahoo India rep. by Manager Torrey Pines, EGL business Park, Inter Mediate Ring Road, Bengaluru, Karanataka-560 071

5 Bharat Sanchar Nigam Ltd.

rep. by General Manager Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi- 110 001 6 Mahanagar Telephone Nigam Ltd.

rep. by its General Manager Jeevan Bharthi Towers -I No.124 Connaught Circus, New Delhi - 110 070 7 Bharti Airtel Ltd.

rep. by its Secretary Bharti Crescent No.1, Nelson Mandela Road Vasant Kunj, Phase II, New Delhi 110 070 8 Aircel cellular Ltd.

rep by its Secretary, 5th Floor, "Spencer Plaza, No.769, Anna salai, Chennai 600 002 9 Hathway cable and Datacom Ltd rep. by its Secretary, 4th Floor, "Rajehas"

Main Avenue, Santacruz (W), Mumabi-400 054 10 Vodafone India Ltd.

rep. by its secretary, Peninsula Corporate Park Ganpatrao Kadam Marg, Lower Parel, Mumbai 400 013

11 Idea cellular Ltd.

rep. by its secretary Suman towers Plot No.18 Sector 11, Gandhinagar 382 011 Gujarat 12 Reliance communications rep. by its Secretary Dhirubai Ambani Knowledge City, Navi Mumbai 400 709 13 Tata Teleservices Ltd.

rep. by its Secretary Jeevan Bharti Towre I No.124 Connaught circus, New Dlehi 110 065 14 M/s Culture Machine Hi Tech Media, Venkateswara Colony, Nehru Nagar, Perungudi, Chennai Tamil Nadu 15 M/s.Cine Curry Tamil 401 Agarwal golden chambers, Fun Republic Road Behind Balaji Telefilms, Off Link Road, Andheri (West) Mumbai 400 053 16 M/s.Super Cinema Sarika A Jain, C4/104 Ambika Building, Sector 8, Shanthi Nagar, Mira Road, Thane, Mumbai -401 107

17 M/s Super south Tamil 401 Agarwal Golden chambers, Fun Republic Road.

Behind Balaji Telefilms, Off LInk Road, Andheri (West) Mumbai 400 053 18 M/s Mishri Movies Tamil 21/9 Cenotaph Road 2nd lane Raj Paris Apt, Alwarpet, Chennai 600 018 19 M/s Picture Hall Sarika A Jain, C4/104 Ambika Building, Sector 8, Shanthi Nagar, Mira Road, Thane, Mumbai 401 107 20 M/s.Boxtv Times Boxty Media Pte Ltd., Times tower 7th Floor, Trade Gardens, Kamala Mills compound, Lower Parel, Mumbai-400 013 21 Mr.Gajendra Chavan-Manager Acquisition Hungama Digital Media Entertainment Pvt Ltd.

F1, Ist Floor, Laxmi Woollen Mills Estate, Sakthi Mills lane Off Dr.E.Moses Road, Mahalaxmi, Mumbai 400 011,

22 M/s.Gobindas Entertainment Pvt Ltd.

124 Line No.1 Anupam Gardens, Sainik Farms, Saidulajad New Delhi 110 068 23 M/s.Bigflix 4th Floor, Infinity Mall, New Link Road, Andheri (West) Mumbai 400 053 24 iDream Media Arora colony Road Sri Nagar Colony Aurora Colony, Banjara Hills, Hyderabad 500 073 25 Divo Tv Private Ltd.

19/10 1C Parangasupuram Street, Kodambakkam, Chennai 600 024 26 Chennai Films Tamil Nirvana Digital, 10 L.N pappan Marg, Upper Worli, Worli, Mumbai 27 K.Rajashekar Reddy M/s. Top Films, H No.433/55 Hal Colony, Old Bowenpally, Secunderabad 500 011 28 Moviezz Bada Collections Chennai Private Limited, 78/12 Ist Street, Kazura Garden, Nilankarai, Chennai 600 041

29 Mr.Ashok Kumar Unknown Person India 30 Mr.Ashok Kumar Unknown Person India *31 K.P.Vincent, S/o.Porunju H.No.110/17, Vannyer Street, Kodambakkam, Chennai-600 024 *Amended as per order in A.No.3908 of 2017, dated 10.08.2017 and time extended by orders dt.24.08.2017and 31.08.2017. *32.Sajith Pachat, S/o Sahadevan Pachat, Pachat House, P.O.Nadakkavu, Calicut 673 011 ... Defendants *Impleaded as per order dt.19.2.18 made in A.No.1349/18 A.Nos.1349 & 1350 of 2018:

Mr.Sajith Pachat, S/o Sahadevan Pachat, Pachat House, P.O.Nadakkavu, Calicut 673 011 ..Applicant/Proposed Party in both Applications -vs- M/s.Sreedevi Video Corporation represented by its Partner Mr.Ghanshyam Hemdev No.5/3 Muktha Garden, Spurtank Road, Chetpet, Chennai 600 031 2 Google India Pvt Ltd.

rep. by its Managing Director 8th and 9th Floor Tower C, Building No.8, DLF Cyber City, Gurgaon 122 002

3 You Tube rep. by its Manager, DMCA Complaints You Tube (Google INC) 901 Cherry Avenue, SAN Bruno, CA94066 USA 4 Bing Rep by its Manager Microsoft Corpn of india Limited, 4th floor, Usha Jublee Town -36, 8-2-293/82/A/1130/A, road No.36, Jubilee Hills, Hydarabad-500 033 5 Yahoo India rep. by Manager Torrey Pines, EGL business Park, Inter Mediate Ring Road, Bengaluru, Karanataka-560 071 6 Bharat Sanchar Nigam Ltd.

rep. by General Manager Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi- 110 001 7 Mahanagar Telephone Nigam Ltd.

rep. by its General Manager Jeevan Bharthi Towers -I No.124 Connaught Circus, New Delhi - 110 070 8 Bharti Airtel Ltd.

rep. by its Secretary Bharti Crescent No.1, Nelson Mandela Road Vasant Kunj, Phase II, New Delhi 110 070

9 Aircel cellular Ltd.

rep by its Secretary, 5th Floor, "Spencer Plaza, No.769, Anna salai, Chennai 600 002 10 Hathway cable and Datacom Ltd rep. by its Secretary, 4th Floor, "Rajehas"

Main Avenue,Santacruz (W), Mumabi-400 054 11 Vodafone India Ltd.

rep. by its secretary, Peninsula Corporate Park Ganpatrao Kadam Marg, Lower Parel, Mumbai 400 013 12 Idea cellular Ltd.

rep. by its secretary Suman towers Plot No.18 Sector 11, Gandhinagar 382 011 Gujarat 13 Reliance communications rep. by its Secretary Dhirubai Ambani Knowledge City, Navi Mumbai 400 709 14 Tata Teleservices Ltd.

rep. by its Secretary Jeevan Bharti Towre I No.124 Connaught circus, New Dlehi 110 065 15 M/s Culture Machine Hi Tech Media, Venkateswara Colony, Nehru Nagar, Perungudi, Chennai Tamil Nadu

16 M/s.Cine Curry Tamil 401 Agarwal golden chambers, Fun Republic Road Behind Balaji Telefilms, Off Link Road, Andheri (West) Mumbai 400 053 17 M/s.Super Cinema Sarika A Jain, C4/104 Ambika Building, Sector 8, Shanthi Nagar, Mira Road, Thane, Mumbai -401 107 18 M/s Super south Tamil 401 Agarwal Golden chambers, Fun Republic Road.

Behind Balaji Telefilms, Off LInk Road, Andheri (West) Mumbai 400 053 19 M/s Mishri Movies Tamil 21/9 Cenotaph Road 2nd lane Raj Paris Apt, Alwarpet, Chennai 600 018 20 M/s Picture Hall Sarika A Jain, C4/104 Ambika Building, Sector 8, Shanthi Nagar, Mira Road, Thane, Mumbai 401 107 21 M/s.Boxtv Times Boxty Media Pte Ltd., Times tower 7th Floor,

Trade Gardens, Kamala Mills compound, Lower Parel, Mumbai-400 013 22 Mr.Gajendra Chavan-Manager Acquisition Hungama Digital Media Entertainment Pvt Ltd.

F1, Ist Floor, Laxmi Woollen Mills Estate, Sakthi Mills lane Off Dr.E.Moses Road, Mahalaxmi, Mumbai 400 011, 23 M/s.Gobindas Entertainment Pvt Ltd.

124 Line No.1 Anupam Gardens, Sainik Farms, Saidulajad New Delhi 110 068 24 M/s.Bigflix 4th Floor, Infinity Mall, New Link Road, Andheri (West) Mumbai 400 053 25 iDream Media Arora colony Road Sri Nagar Colony Aurora Colony, Banjara Hills, Hyderabad 500 073 26 Divo Tv Private Ltd.

19/10 1C Parangasupuram Street, Kodambakkam,Chennai 600 024 27 Chennai Films Tamil Nirvana Digital, 10 L.N pappan Marg, Upper Worli, Worli, Mumbai

28 K.Rajashekar Reddy M/s. Top Films, H No.433/55 Hal Colony, Old Bowenpally, Secunderabad 500 011 29 Moviezz Bada Collections Chennai Private Limited, 78/12 Ist Street, Kazura Garden, Nilankarai, Chennai 600 041 30 Mr.Ashok Kumar Unknown Person India 31 Mr.Ashok Kumar Unknown Person India K.P.Vincent, S/o.Porunju H.No.110/17, Vannyer Street, Kodambakkam, Chennai-600 024 ... Respondents/ (Impleaded as 31 st defendant Defendants as per order dated 10/8/2017 in both Applications passed in Appln.3908/2017) A.No.1349 of 2018 :

Application praying that this Hon'ble Court be pleased to implead the applicant as the 32nd defendant in C.S.No.922 of 2016. A.No.1350 of 2018 :

Application praying that this Hon'ble Court be pleased to implead the applicant as the 32nd respondent in Application No.1102 of 2016 in C.S.No.922 of 2016.

These applications coming on this day before this court for hearing the court made the following order:

This Common order will dispose of both these applications. Both these applications have been taken out invoking Order I Rule 10(2) of

the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for brevity). While Application No. 1349 of 2018 has been taken out with a prayer for impleading the applicant as Defendant No.32 in the main suit, Application No. No.1350 of 2018 has been taken out with a prayer to implead the applicant as Respondent No.32 in O.A.No. 1102 of 2016, which is an injunction application taken out by the plaintiff in the main suit.

2. Main suit has been filed by the plaintiff complaining of infringement in as many as 1044 Cinematograph films, which has been set out in Schedule A to the Judge's summons. These 1044 Cinematograph films are referred to as 'Suit films' for the sake of brevity, convenience and clarity.

3. It is the specific case of the applicant in these two applications that the applicant has got assignment of copyright in 33 out of 1044 suit films. It is also submitted by the applicant that the applicant has acquired copyright from one Century Films under a Deed of Assignment dated 31.08.2017. Learned Counsel for plaintiff Mr.Hari Shankar, who is respondent No.1 in these two applications, points out that the suit itself was filed on 01.12.2016 and numbered as C.S.No.922 of 2016, whereas the applicant claims that they have got assignment of copyright in 33 cinematograph films out of 1044 films only on 31.08.2017, which is pending suit.

4. On the above basis, learned Counsel for the first respondent in these two applications, who is plaintiff in the main suit, submits that the applicant is not a necessary party. On the face of it, there is no difficulty in accepting this submission that the applicant is not a necessary party, but as the applicant claims that

he has acquired copyright in 33 out of 1044 suit films, in my opinion, the applicant is a proper party, as the main suit pertains to alleged infringement of copyright in suit films. Therefore, I deem it appropriate to allow these two applications and implead the applicant herein as Respondent No.32 in O.A.No. 1102 of 2016 and as Defendant No.32 in C.S.No.922 of 2016 leaving open all rights and contentions regarding the assignment the applicant is said to have acquired in 33 films.

5. Plaintiff undertakes to carryout necessary amendments to the plaint within a fortnight from today, i.e., on or before 02.03.2018. Plaintiff undertakes to serve amended copies of plaint on all the defendants who have entered appearance within a fortnight therefrom. Main suit has already been directed to be listed on 16.03.2018, vide separate proceedings.

In effect, both these applications are allowed. There shall be no order as to costs.

Sd/- M.S.J.

19.02.2018 //Certified to be true copy// Dated at Madras this the day of 2017. TR : 14.03.2018 COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.