M/S.Asianet Communicatons Ltd. v. 1.Surya T.V.,A Unit Of Suman-

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 21ST DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN CS.No.198 of 1999 Asianet Communications Ltd Represented by its Vice President Mr.Prem Menon No.1-C, Apex Plaza, No.3, Nungambakkam High Road, Madras - 600 034 ... Plaintiff -Versus1.Surya T.V.

A unit of Sumangali Publications (P) Ltd Represented by its Managing Director Mr.Kalanidhi Maran having its registered office at No.268 & 269, Anna Salai, Teynampet, Madras-600018 2.M/s.J.W. International Represented by its Proprietor, Mr.J.Williams, No.18, Nagarjuna Nagar 2nd Street, Rangarajapuram, Madras - 600 024 ... Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree :

a)for a permanent injunction restraining the defendants, their

agents, men, representatives, assignees and anyone whosoever claiming through the defendants from in any manner infringing the plaintiff's copyright in respect of the exclusive Satellite Telvision Telecast rights of the Malayalam Feature Films (1)MADALASA (2)HALOW MADRAS GIRL (3)PONTHOOVAL (4)MR.MICHALE, Malayalam Cinematograph feature films mentioned in detail in the schedule hereunder, in whole or reproduction of any part thereof, by exploitation for public or private viewing by broadcasting on the first defendant's channel or on any other channel by satellite telecast.

b)Directing the first defendant to pay to the plaintiff damages amounting to a sum of Rs.4,50,000/- (Rupees Four Lakhs and Fifty Thousand only) along with interest at 12 per cent per annum from date of plaint till date of realisation;

c)for costs of the suit;

This civil suit coming on this day before this Court for hearing in the presence of Mr.Perumbulavil Radhakrishnan, Advocate for the plaintiff herein and Mr.Y.Anil Kumar, Advocate for the defendants herein and upon reading the plaint filed herein and the learned cousel for the plaintiff herein having submitted that the matter has been settled out of Court between the parties and he has also made an endorsement in the bundle to that effect that

"The matter has been settled out of Court between the parties and hence may be dismissed as settled out of Court"

It is ordered as follows :- That the suit in C.S.No.198 of 1999 be and is hereby dismissed as settled out of Court.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 21ST DAY OF MARCH 2022.

Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

DL 01.04.2022 C.S.No.198 of 1999

ORDER

DATED : 21.03.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL:06.04.2022 APPROVED ON : 06.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2022

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.S.No.198 of 1999 Asianet Communications Ltd., Represented by its Vice President Mr.Prem Menon No.1-C, Apex Plaza, No.3, Nungambakkam High Road, Madras - 600 034.

... Plaintiff Vs.

1. Surya T.V.

A Unit of Sumangali Publications (P) Ltd., Represented by its Managing Director, Mr.Kalanidhi Maran.

2. M/s.J.W.International Represented by its Proprietor, Mr.J.Williams No.18, Nagarjuna Nagar, 2nd Street, Rangarajapuram, Madras - 600 024.

... Defendants Plaint filed under Sections 55 and 62 of the Copy Right Act 1957 read with Order IV Rule 1 of O.S. Rules, praying for a judgment and decree as follows :

a) For a Permanent Injunction restraining the defendants, their agents, men, representatives, assigns and anyone whosoever claiming through the

defendants from in any manner infringing the plaintiff's copyright in respect of the exclusive Satellite Television Telecast Rights of the Malayalam Feature Films (1) Madalasa (2) Hallow Madras Girl (3) Ponthooval (4) Mr.Michale, Malayalam Cinematograph feature films mentioned in detail in the schedule hereunder, in whole or reproduction of any part thereof, by exploitation for public or private viewing, by broadcasting on the first defendant's channel or on any other channel by satellite telecast. b) directing the first defendant to pay to the plaintiff damages amounting to a sum of Rs.4,50,000/- along with interest at 12% per annum from the date of plaint till the date of realisation. For Plaintiff : Mr.Perumbulavil Radhakrishnan For Defendants : Mr.Y.Anil Kumar

JUDGMENT

The learned counsel for the plaintiff would submit that the matter has been settled out of Court between the parties. He has also made an endorsement in the bundle to the following effect : "The matter has been settled out of court between parties and hence may be dismissed as settled out of court"

2. In view of the above submission and endorsement made by the learned counsel for the plaintiff, this Civil Suit is dismissed as settled out of Court. No costs.

Sd./-V.B.S.J.

21.03.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.