Asianet Communications Ltd., v. 1.Surya,A Unit Of Sumangali
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 3RD DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN 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.Prasad Productions Ltd., represented by its Joint Managing Director, Mr.A.Ramesh Prasad No.27, Arunachalam Road, Saligramam, Madras - 600 093 3.Kalyani Cine International represented by its Proprietor, Mr.K.B.Radhakrishnan having office at No.XLI/938, Pullepady Road, Cochin - 682 018 ... 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 Television Telecast rights of the Malayalam Feature Film "MAHATHMA" also known as "Mahathma the Great" directed by Sri.Shaji Kailas and starring Suresh Gopi, and Ramya Krishnan and others, 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.5,00,000/- (Rupees Five Lakhs 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.Mukundan, for M/s.Y.Anil Kumar, Advocate for the defendants herein and upon reading the plaint filed herein and this court having observed that the agreement against which this suit was filed had
expired on 09.12.2003 and hence, the matter has become infructuous and also, the learned counsel for the plaintiff herein having submitted that the matter has been settled between the parties and nothing survives in this suit, it is ordered as follows:- That the suit in C.S.No.100 of 1999 be and is hereby dismissed as infructuous; and
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 3rd 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 29.03.2022 ORDER:
DATED: 03.03.2022 THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL:31.03.2022 APPROVED ON:01.04.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN 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.Prasad Productions Ltd, Represented by its Joint Managing Director, Mr.A.Ramesh Prasad.
3. Kalyani Cine International Represented by its Proprietor Mr.K.B.Radhakrishnan ... Defendants Plaint filed under Sections 55 and 62 of the Copyright Act, 1957 read with Order IV Rule 1 of O.S. Rules, praying for a judgment and decree as follows :
a) 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 Film "MAHATHMA" also known as "Mahathma the Great"
directed by Sri.Shaji Kailas and Starring Suresh Gopi and Ramya Krishnan and others, 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.5,00,000/- along with interest at 12 percent per annum from the date of plaint till the date of realisation. For Plaintiff : Mr.Perumbulavil Radhakrishnan For Defendants : Mr.Mukundan For Mr.Y.Anil Kumar
JUDGMENT
The agreement against which this application is filed is expired on 09.12.2003. Hence, the matter has become infructuous. Also, the learned counsel for the plaintiff would submit that the matter has been settled between the parties. Hence, nothing survives in this suit.
2. In view of the same, this Civil Suit is dismissed as infructuous. No costs.
Sd./-V.B.S.J.
03.03.2022 //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.