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Madras High CourtCS/575/2015dismissed

Mr. Sanjay Kumar Lalwani v. M/S. Nic Arts

2021-07-13Honourable Mr Justice R. Subramanian7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 13TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S.No.575 of 2015 C.S.No.575 of 2015:- Mr.Sanjay Kumar Lalwani, Proprietor of M/s.SN MEDIA, No.13, Clemens Road, Purasawalkam, Chennai-600 007.

... Plaintiff

Versus

1. M/s.NIC ARTS, Represented by its Proprietor Mr.S.S.Chakravarthy, Having office at No.1, Senthil Andavar Street, Dhanalakshmi Colony, Vadapalani, Chennai-600 026.

2. M/s.MAGIC FRAMES, Represented by its Partner Mr.N.Thiruvengadam, No.8, Surya Street, Bharani Colony, Salilgramam, Chennai-600 093.

3. M/s.Chimbu Cine Arts, Represented by its Proprietor Mrs.Usha Rajendar, No.6, Masila mani Road, T.Nagar,Chennai-600 017.

4. M/s.Gemini Colour Laboratory, Gemini Industries & Imaging Pvt Ltd., 28, New Bangaru Colony, K.K.Nagar, Chennai-78.

... Defendant

Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree in favour in the plaintiff against the defendants:- (a) For a permanent Injunction restraining the defendants or their men, agents, representatives, assigns, distributors and any one whosoever claiming through the defendants from releasing the movie 'VAALU' (Tamil) in any manner infringing the plaintiff's copy right in respect of the exclusive Theatrical Exploitation Rights in Entire Chennai City and N.S.C. Areas of the Tamil Colour Talkie Picture titled as 'VAALU' (Tamil) starring Simbu, Hansika, Santhanam, VTV Ganesan and others, Directed by Vijay Chandar, Music by Thaman.S.

(b) Direct the defendants to jointly and severally to pay the cost of the suit.

This Civil Suit coming on this day before this court for hearing in the presence of Mr.K.P.Sanjeev Kumar for M/s.Ojas Law Firm, Advocates for the plaintiff herein and Mr.N.Ramesh, Advocate for the 2nd defendant herein and Mr.Thiageswaran for M/s.Waron and Sai Ram, Advocates for the 3rd defendant herein and Mrs.R.Maheswari, Advocate for the 4th defendant

herein and upon reading the plaint filed herein and the learned counsel for the 3rd defendant having submitted that the movie has already been released and its has also gone out of the Theaters therefore, nothing survives in the suit for adjudication as the suit does not contain a prayer for damages also, It is order as follows:- That the suit in C.S.No.575 of 2015 be and is hereby dismissed under Rule 3(a) of order XIII A of the code of Civil Procedure as amended by the Commercial Courts Act,2015.

2.That there shall be no costs of this suit.

WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS DATED THE 13TH DAY OF JULY 2021.

Sd./- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.

VSP 18/08/2021 C.S.No.575 of 2015

ORDER

DATED :13/07/2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN FOR APPROVAL: 12/10/2021 APPROVED ON: 21/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 13TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S.No.575 of 2015 C.S.No.575 of 2015:- Mr.Sanjay Kumar Lalwani, Proprietor of M/s.SN MEDIA, No.13, Clemens Road, Purasawalkam, Chennai-600 007.

... Plaintiff

Versus

1. M/s.NIC ARTS, Represented by its Proprietor Mr.S.S.Chakravarthy, Having office at No.1, Senthil Andavar Street, Dhanalakshmi Colony, Vadapalani, Chennai-600 026.

2. M/s.MAGIC FRAMES, Represented by its Partner Mr.N.Thiruvengadam, No.8, Surya Street, Bharani Colony, Salilgramam, Chennai-600 093.

3. M/s.Chimbu Cine Arts, Represented by its Proprietor Mrs.Usha Rajendar, No.6, Masila mani Road, T.Nagar,Chennai-600 017.

4. M/s.Gemini Colour Laboratory, Gemini Industries & Imaging Pvt Ltd., 28, New Bangaru Colony, K.K.Nagar, Chennai-78.

... Defendant Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree in favour in the plaintiff against the defendants:- (a) For a permanent Injunction restraining the defendants or their men, agents, representatives, assigns, distributors and any one whosoever claiming through the defendants from releasing the movie 'VAALU' (Tamil) in any manner infringing the plaintiff's copy right in respect of the exclusive Theatrical Exploitation Rights in Entire Chennai City and N.S.C. Areas of the Tamil Colour Talkie Picture titled as 'VAALU' (Tamil) starring Simbu, Hansika, Santhanam, VTV Ganesan and others, Directed by Vijay Chandar, Music by Thaman.S.

(b) Direct the defendants to jointly and severally to pay the cost of the suit, and This Civil Suit coming on this day before this court for hearing the court made the following order:-

The suit is one for permanent injunction restraining the defendant from releasing the movie "VAALU", thereby infringing the copyright of the plaintiff. The suit is undoubtedly a commercial dispute falling within the meaning of Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015. The jurisdiction is thus determined and this Commercial Division takes cognizance of the suit.

Sd./-R.S.M.J 13.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.