A. Mohan Alse v. M/S. Siri Venkateshwara

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2021

CORAM:

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN A.Mohan Alse ... Plaintiff ..Vs..

1.M/s.Siri Venkateshwara Productions Private Limited, Rep by its Director M.Satyanarayana Reddy Door No.72, Plot No.87, Prasasam Nagar, Jubiliee Hills, Hyderabad 33.

2.M/s.Geetha Arts Plot No.1067, Road No.45 Jubilee Hills Hyderabad 33.

... Defendants PRAYER : Plaint filed under and Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of CPC Rules and Sections 55 and 62 of the Copyright Act, 1957, prayed for a Judgment and Decree:- 1/4

(a) For a declaration that the plaintiff is the absolute owner of the limited copyright namely the exclusive world satellite rights including India, Radio, F.M., cable, Direct to Home, Pay TV, Free TV, Airborne, Seaborne, wireless copyrights in the picture BUNNY starring Allu Arjun, Sarath Kumar, Prakash Raj, etc., and directed by V.V.Vinayak for a period of 15 years.

(b) For a permanent injunction restraining the defendants, their men, agents, officers, etc., from interfering, infringing the plaintiff's limited copyright namely exclusive world satellite rights including India, Radio, F.M., cable, Direct to Home, Pay TV, Free TV, Airborne, Seaborne, Railborne rights, All Doordarshan Kendras, WEB TV, pay preview, wire, wireless copyrights in the picture BUNNY starring Allu Arjun, Sarath Kumar, Prakash Raj, etc., and directed by V.V.Vinayak for a period of 15 years.

(c) For costs of this Suit.

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For Plaintiff : M/s.C.Ramesh For Defendants : M/s.C.Seethapathy *********

J U D G M E N T

The learned counsel for the plaintiff had filed a memo dated 01.03.2021. The suit had been filed under Sections 55 and 62 of the Copyright Act, 1957 seeking a declaration that the plaintiff is the absolute owner of the copyright with respect to movie BUNNY starring and for consequential reliefs. The suit had been pending for the past 15 years.

2. In the memo filed by the learned counsel it had been stated as follows:

"It is submitted that suit is filed for a declaration that the Plaintiff is the absolute owner of the Copyright in the suit picture for a period of 15 years and for a consequential Permanent Injunction. It is further submitted that the period of assignment in favour of the Plaintiff having come to an end, nothing survives in the 3/4

C.V.KARTHIKEYAN, J rna suit to prosecute and hence the suit may be dismissed as infructuous.

Dated at Chennai this the 1st day of March 2021.

sd/---, sd/---, Counsel for Plaintiff.

Plaintiff."

3. The memo had been signed by not only the learned counsel for the plaintiff and also by the plaintiff.

4. In view of the same, suit is dismissed as infructuous. No order as to costs. The memo dated 01.03.2021 shall form part of the decree. 18.03.2021 Index : Yes / No Web : Yes / No rna 4/4