T.Rajhendherr v. S.S.Chakravarthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2019

CORAM

THE HONOURABLE MR.JUSTICE Krishnan Ramasamy C.S.No.674 of 2015 and T.Rajhendherr Proprietor, Chimbu Cine Arts, 4-A Hindi Prachar Sabha Street, T.Nagar, Chennai - 600 017 ... Plaintiff Vs.

1.S.S.Chakravarthy, Proprietor, NIC Arts, No.1, Senthil Andavar Street, Dhanalakshmi Colony, Vadapalani, Chennai - 600 026.

2.Sanjay Lalwani, Proprietor, S.N.Media, 13, Leimens Road, Letango Road, Puraswalkam, Chennai - 600 007.

3.T.R.Silambarasan, 4-A, Hindi Prachar Sabha Street, T.Nagar, Chennai - 600 017.

4.Gemini Color Laboratory, Unit of Gemini Industries and Imaging Ltd., 28, New Bangaru Colony, West K.K.Nagar, Chennai - 600 078.

... Defendants

Plaint filed under Order VII Rule 1 C.P.C. read with Order IV Rule 1 of the High Court Original Side Rules praying for: (a) For the relief of declaration declaring that the plaintiff is the absolute copyright owner in the suit film "VAALU" starring the third defendant as its Hero and Hansika Mothwani as its heroine morefully described in the schedule hereunder.

(b) for the relief of further declaration that the pledge created by the first defendant in favour of the second defendant in respect of the suit film "Vaalu" more fully described in the schedule hereunder as evidenced in the 4th defendant's letter dated 31.01.2014 is illegal, void and unenforceable insofar as the plaintiff is concerned.

(c) granting permanent injunction restraining the first and second defendant their agents, servants, any person and every person claiming directly or indirectly through the defendants 1 & 2 from in any manner interfering with or infringing the plaintiff's copyright in the suit film more fully described in the schedule hereunder inclusive of plaintiff's right to distribute, exhibit and exploit the copyright in the said suit film for the territories of city and NSC, Puducherry and Chittoor in Andhra Pradesh.

(d) the costs of this suit, (e) such further or other orders that this Hon'ble Court may deem fit and proper in the circumstances of the case.

For Plaintiff : Mr.PL.Narayanan For defendants : No Appearance

J U D G M E N T

The learned counsel appearing for the plaintiff seeks permission of this Court to withdraw the suit and in this regard he has also made an endorsement, which reads as follows:- "Upon my client's instruction I withdraw this suit. This Hon'ble Court may dismiss this suit as withdrawn."

2.

Recording the same, the suit is dismissed as withdrawn. No costs. Consequently, the connected Original Application is closed. 26.08.2019 AT

Krishnan Ramasamy,J.

AT C.S.No.674 of 2015 and 26.08.2019