D.Arjunan v. M/S.Harshini Movies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2 0 1 8

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN C.S.No. 318 of 201 8 in O.A.No. 494 of 201 8 D.Arjunan No.1/24, Mandry Synergy, F-202, Padur, Chennai-603 103.

... Plaintiff Vs.

1.

M/s.Harshini Movies, Rep. by its Proprietor, K.Murugan, No.75, Arcot Road, Kothandapani legacy, Saligarmam, Chennai-600 093.

2.

M/s. Gemini Colour Labarotries Rep. by its Manager (Lab-Incharge) Vembuliamman Kovil Street, Virugambakkam, Chennai-600 092.

3.

QUBE No.42, Ranga Road, Mylapore, Chennai-600 004.

4.

UFO No.178/3&4, J.B. Towers, Kumaran Colony Main Road, Vadapalani, Chennai-600 026

5.

M/s.Prasad Xtreme Digital, Arunachalam Road, Saligarmam, Chennai- 600 093.

... Defendants PRAYER : This Civil Suit filed under Order IV Rule 1 O.S. Rules and read with Section 62 of the Copyright Act, 1957 and order VII Rule 1 C.P.C 1908 praying for the following reliefs:

i. For a declaration that the plaintiff is the sole, absolute and exclusive owner of the limited copyright of the said Tamil Talkie Picture titled "BASKAR ORU RASCAL" (Colour-Scope-Digital) in respect of the distribution, exhibition and exploitation rights in the areas of Salem and Dharmapuri Districts as known in film trade, and ii. For a Permanent injunction restraining the Defendants herein, their agents, servants or anybody claiming through or under them from in any manner infringing with the limited copyright of the plaintiff by distributing, exhibiting and exploiting the Tamil Talkie Picture Titled "BASKAR ORU RASCAL" (Colour-ScopeDigital) anywhere in the areas of Salem and Dharmapuri Districts as known in film trade or in any other manner whatsoever.

iii. For the costs of the suit.

For Plaintiff : Mr. A.Chidambaram

JUDGMENT

The learned counsel for the plaintiff has made the following endorsement in the plaint:- "Since the matter is settled out of Court, the suit may be dismis s e d as withdrawn."

2 .

In view of the above endorsement made by the learned counsel for the plaintiff, the suit is dismissed as withdrawn. Consequently, connected Original Application is closed. Since the suit had been settled, the plaintiff is entitled to refund of the entire Court fees in accordance with rules. 11.06.2018 mm/vsg Index: Yes/No Internet: Yes/No.

C.V.KARTHIKEYAN, J.

mm/vsg C.S.No. 318 of 201 8 in O.A.No. 494 of 201 8 11.0 6.2 0 1 8