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Madras High CourtCS/544/2016withdrawn dismissed

Sanjay Lalwani v. Manish Chanda

2019-07-08Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.07.2019 Coram The Honourable Mr.Justice KRISHNAN RAMASAMY C.S.No.544 of 2016 and O.A.Nos.664 & 665 of 2016 Sanjay Lalwani Proprietor of SN MEDIA No.13, Clemens Road, Purasawalkam, Chennai - 600 007.

...Plaintiff

Versus

1.Mr.Manish Chanda 2.M/s.White Collar Entertainment Represented by its Managing Partner Mr.Dinesh K Hegde No.a-1b, Dattaguru Housing Society, Near Telecom Factory, Deonar, Mumbai - 400 088.

3.M/s.Cinecorn Entertainment Represented by its Partner Mr.Kalapi Nagada 103, Ankita Building, Nehru Road, Vile Parle (East), Mumbai - 400 057.

4.M/s.Rudra Sound Solutionz, 2A/209, New Mhada, Opp: Bhoomi Park, Jankalyan Nagar, Malad West, Mumbai - 400 095.

5.The Regional Officer & CPIO, Central Board of Film Certification 10-2-1, SamacharBhawan (FDC Building) AC Guards, Masab Tank, Hyderabad - 500 028.

...Defendants

This suit is filed under Order IV Rule 1 of High Court Original Side Rules r/w. Section 54, 55 & 62 of Copyright Act, 1957 and Order VII Rule 1 of C.P.C for the following reliefs:

(a) To declare that the plaintiff is the copy right holder for Satellite rights for Hindi & All North Indian Languages Dubbing Rights Except South Indian Languages and other rights as mentioned in the agreement dated 26.09.2014 in respect of Telugu Talkie picture in colour and in scope title "Alludu Seenu" Starcast: Bellamkondai Sai Sreenivas, Samantha Ruth Prabhu, Tamannaah Bhatia, Prakash Raj, Pradeep Rawat and others, Music by: Devi Sri Prasad, directed by V.V.Vinayak, produced by: Sri Lakshmi Narasimha;

(b) To grant permanent injunction restraining the defendants or their men, agents, from alienating/selling the Satellite rights for Hindi & All North Indian Languages Dubbing Rights Except South Indian Languages and other rights as mentioned in the agreement dated 26.09.2014 for the Telugu Talkie picture in colour and in scope title "Alludu Seenu" Starcast: Bellamkondai Sai Sreenivas, Samantha Ruth Prabhu, Tamannaah Bhatia, Prakash Raj, Pradeep Rawat and others, Music by: Devi Sri Prasad, Directed by V.V.Vinayak, Produced by: Sri Lakshmi Narasimha.

(c) To grant permanent injunction restraining the fifth defendant from censoring the Hindi dubbing version of the Telugu Talkie picture in colour and in scope title "Alludu Seenu" Starcast: Bellamkondai Sai Sreenivas, Samantha Ruth Prabhu, Tamannaah Bhatia, Prakash Raj, Pradeep Rawat and Others, Music by: Devi Sri Prasad, Directed by V.V.Vinayak, to and in favour of the 1st to 4th defendants; (d) To grant Mandatory direction directing the fifth defendant to censor the Hindi dubbed version of the film "Alludu Seenu" and issue certificate to and in favour of the plaintiff. (e) direct the defendants to pay the cost of the suit.

For Plaintiff :

Mr.K.P.Sanjeev Kumar For Defendant - 1 :

Mr.Jayesh B.Dolia for M/s. Aiyar & Dolia Defendant - 5 :

Mr.N.Rajan, Central Govt. Standing Counsel

J U D G M E N T

The learned counsel for plaintiff submitted that the present suit has become infructuous and therefore, he seeks the permission of this Court to withdraw the same. He has also made an endorsement to that effect.

2. In view of the submission coupled with an endorsement made by the plaintiff's counsel, this Civil Suit is dismissed as withdrawn. No costs. Consequently, connected Applications are closed. 08.07.2019 mrr Index : Yes/No

KRISHNAN RAMASAMY, J., mrr C.S.No.544 of 2016 08.07.2019