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Madras High CourtCS/861/2010dismissed as abated

M/S.Ding Dong Bell Films v. M/S.S.T.Combines

2016-12-22Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2016

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYA N C.S.No. 861 of 2010 M/s. Ding Dong Bell Films, represented by its Proprietor Mr.R.V.Mani No. 829, Airlines Building, Mount Road Chennai - 600 002.

... Plaintiff Vs.

1.

M/s. S.T.Combines Represented by its Proprietrix Mrs.T.Durga Devi No.7, Sathyapuri Street, West Mambalam Chennai - 600 033.

2.

M/s. Tehrani Creations represented by its Proprietor, Mr.P.D.Tehrani No.55, E.V.K.Sampath Road Chennai - 600 007.

... Defendants PRAYER : This Civil Suit filed under Order IV Rule 1 O.S. Rules read with Section 55 of the Copy Rights Act and Order VII Rule 1 CPC, praying for the following reliefs:

(a) for a declaration declaring that the plaintiff is the sole and absolute copy right and world negative right holder of the film "Anbulla Rajinikanth" starring

Rajinikanth etc., including the satellite right as contemplated in the agreement dated 02.02.1991 entered into between the plaintiff and the second defendant; (b) for a permanent injunction restraining the defendants, their men, servants, agents, etc., from in any manner interfering or infringing with the plaintiff's copy right and world negative right including the satellite right in respect of the film "Anbulla Rajinikanth" starring Rajinikanth,etc., as contemplated in the agreement entered into between the plaintiff and the second defendant; and (c) direct the defendants to pay the cost of the suit and also pass such further order or orders which this Hon'ble Court may deem fit and proper in the circumstances of the case.

*** For Plaintiff : M/s. Waraon and Sairams

JUDGMENT

It was stated even on the previous hearing date on 23.11.2016 that the plaintiff has expired.

2.

The learned counsel has not furnished further information and also whether he is going to proceed with the suit or not. The date of death of the plaintiff is also not given.

3.

Hence, the suit is dismissed as abated.

22.12.2016 vsg C.V.KARTHIKE YA N , J.

vsg C.S.No. 861 of 2010 22.12.2016 http://www.judis.nic.in