C.Prakash v. Mr. Govind Anirudh Mishra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR C.S(Comm. Div.)No.107 of 2023 and O.A.No.407 of 2023 and A.No.2587 of 2023 C.Prakash Proprietor of M/s. Sri Kumaran CD Collections & Electronics, New No.3, Old No.8, AR Cauvery Enclave, F2, 1st Floor, NGO Colony, 3rd Street, Vadapalani, Chennai - 600 06.

...Plaintiff Vs.

1. Mr. Govind Anirudh Mishra Proprietor of M.G Movies Production No.204, OSHIWARA, JOGESHWARI West, Maharashtra - 400 102.

2. M/s.Lehren Networks Private Limited, Shalimar Morya Park, 404, 4th Off New Link Rd, Andheri West, Mumbai, Maharashtra -400 053.

... Defendants 1/4

PRAYER: This Civil Suit is filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of Civil Procedure Code, 1908 read with Sections 17, 51, 55 and 62 of the Copyright Act, 1957; praying to pass the judgment and decree:- a) Declaring that the plaintiff is the sole and absolute copyright owner of Internet rights in worldwide territories for the period of perpetuity in the Cinematograph Film "Ragalai"

b) A permanent injunction restraining the 1st Defendant, 2nd Defendant and its men, agents, successors-in-business, assigns, representatives or any person claiming through or under them from in any manner exploiting and /or infringing any of the Internet rights in worldwide territories for the period of perpetuity in the Cinematograph Film "Ragalai" c) Mandatory Injunction directing the 1st and 2nd Defendant, its men, agents, successors-in-business, assigns, representatives or any person claiming through or under them, to remove any infringing content of the Copyrights available in all online mode including the You Tube videos uploaded by the 1st Defendant under the Channel name "Cinema Junction"; d) Directing the Defendant to pay total damages of Rs.5000 towards infringement of copyright;

e) Directing the Defendant to pay the costs of this suit. f) Passing any other or further orders which this Court may deem fit and proper in the facts and circumstances of the present case, in favour of the plaintiff and against the Defendant in the interest of justice. 2/4

For Plaintiff : Mr.R.Rajagopalan for Mr.M.V.Swaroop

JUDGMENT

The learned counsel for the plaintiff made an endorsement in the plaint, seeking leave of this Court to withdraw the suit. In view of the endorsement made by the learned counsel, leave is granted. The suit is dismissed as withdrawn. There shall be no order as to costs. Consequently, connected applications are closed.

28.06.2023 nti Index:Yes/No Speaking Order: Yes/No 3/4

S.SOUNTHAR, J.

nti C.S(Comm. Div.)No.107 of 2023 and O.A.No.407 of 2023 and A.No.2587 of 2023 28.06.2023 4/4