Madras High CourtCS/329/2018dismissed as settled out of court

Spm Arts Llp v. K.Murugan

2019-11-05Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.11.2019 Coram The Honourable Mr.Justice N.SATHISH KUMAR 1.SPM ARTS LLP, Rep by it partner, Mr.Sanjay Lalwani, No.13, Clemens Road, Purasawalkam, Chennai-600 007 ...Plaintiff

Versus

1.Mr.K.Murugan, Proprietor of M/s.Harshini Movies, Office at # 75, Arcot Road Gatala, Kodandapani Legacy Flat No.803, Penthouse18th Floor, Saligramam, Chennai-600 093 2.Mr.R.Viswanathan, Proprietor of Bharathan Films, Office at Vasantham Apartment, F1, I Floor, K.K.Salai, Near Prasad Colour Lab, Chennai-600026.

3.M/s. Gemini Colour Laboratory, Gemini Industries & Imaging Pvt Ltd., 28, New Bangaru Colony, K.K.Nagar, Chennai-600 078 1/5

4.M/s.Real Image Technologies Pvt Ltd., 78, Third Street, Balaji Nagar, Royapettah, Chennai-600 014 5.M/s.Ufo Movie/India Ltd., No.178/3& 4, Kumaran Colony Main Road, J.B.Road, Vadapalani, Chennai-600 026.

6.M/s. Prasad Xtreme Digital Cinema Network, Near Prasad Studio,

28. Arunachalam Road, Saligramam, Chennai-600 093 7.QUBE Cinema Technologies Pvt Ltd, No.42, Dr.Ranga Road, Mylapore, Chennai-600 004.

8.Aerox Digital Cinemas Pvt. Ltd., No.93,Old No.57, Pantheon Road, (Opp Museum), Egmore, Chennai-600 008 9.Sony Digital Cinema, 33/1, Wallajah Road, Chepauk, Chennai-600 002 10.Scrabble, No.178/3& 4, 3rd Floor, Kumaran Colony Main Road, J.B.Road, Vadapalani, Chennai-600 026 ...Defendants This Civil Suit is filed under Order IV Rule 1 of the Original 2/5

Side Rules r/w Sections 54 & 55 of Copyright Act, 1957, praying to (a) to declare that the plaintiff is the copy right holder in respect of Tamil film ''BASKAR ORU RASKAL'' to Distribute, exhibit and exploit the said Tamil Talkie picture titled as ''BASKAR ORU RASKAL''(Tamil-Color scope) Theatrically, on distribution basis for the TRICHI DISRICTS, CHENGELPET, NORTH & SOUTH ARCOT (NSC) & CHENNAI CITY only, as known in the Film Trade. (b)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 ''BASKAR ORU RASKAL'' (Tamil) in any manner infringing the plaintiff's copy right in respect of the exclusive Theatrical Exploitation Rights of the Tamil colour talkie titled as ''BASKAR ORU RASKAL'' (Tamil) starring Aravindswamy, Amala Paul, Naser, Soori & Others-directed by Siddique.

(c)to direct the defendants to jointly and severally to pay to the plaintiff for costs of the suit.

For Plaintiff : Mr.K.P.Sanjeev Kumar for M/s.Ojas Law Firm For Defendants : Mr.A.Chidambaram for D1

J U D G M E N T

When the matter is taken up for hearing today, it is 3/5

represented that the matter has been settled out of Court.

2. In view of the above submission, the Civil Suit is dismissed as settled out of Court. No costs.

05.11.2019 Index : Yes/No dn 4/5

N.SATHISH KUMAR , J., dn 05.11.2019 5/5