Sun Tv Network Ltd v. M/S.Manyam Entertainments
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:08.02.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.973 of 2010 Sun TV Network Ltd., Rep. By its Manager (Programming) Mr.L.Jotheeswaran No.4, Norton Road, Mandaveli Chennai - 28 .. Plaintiff Vs.
1 M/S.MANYAM ENTERTAINMENTS Rep. By its Producer Mr.Manyam Ramesh Plot No.76, Kavuri Hills Flat No.302, Vishnu Pearl Hyderbad- 500 033
2. MR.MANYAM RAMESH Producer Plot No.76, Kavuri Hills Flat No.302, Vishnu Pearl Hyderabad- 500 033 3 NEW VOLGA VIDEOS Rep. By Mr.G.Ravinath #41, Kushal Towers Khairathabad, Hyderabad-4 4 BALAJI COLOUR LABORATORIES A-33, Road No.2 Film Nagar, Jubilee Hills Hyderabad- 500 033 .. Defendants This Civil Suit is preferred, under Section 55 and 62 of the
Copyright Act, 1957 & Order IV Rule 1 of O.S.Rules, 1956 read with Order VII Rule 1 CPC for a declaration declaring that the plaintiff is the exclusive copy right holder of the cinematography film "HERO" (Telugu Colour) starring Nitin Bavana Nagababu Kota Ramyakrishnan Ali and others directed by Mr. Sudhakar Raidu and produced by Mr.Manyam Ramesh inclusive of the rights of Satellite Television Broadcast Direct to Home Broadcast Direct Satellite Service, Terrestrial Television broadcast and all other rights connected therewith including exhibition of the film by means of wireless diffusion and by wire for communication to the public through Television Broadcast for the entire world as assigned in the agreement dated 03.07.
2008 for a permanent injunction restraining the defendants, their men, agents, assignees or any other person or persons claiming though them from in any manner infringing the plaintiff's copy rights in the cinematography film "HERO" (Telugu Colour) starring Nitin, Bavana, Nagababu, Kota Ramyakrishnan, Ali and others directed by Mr.Sudhakar Raidu and produced by Mr.Manyam Ramesh inclusive of the rights of Satellite Television Broadcast, direct to home broadcast, direct Satellite Service, Terrestrial Television Broadcast CD, DVD and all other rights connects therewith including exhibition of the film by means of wireless diffusion and by wire for communication to the public through Television Boradcast CD, DVD for the entire world as assigned in the agreement dated 03.07.2008, award damages of Rs.
25,00,100/- and to direct the defendants to pay costs. Digital Versatile Disc For Plaintiff : Mr.M.A.
JUDGMENT
The nucleus of this suit is a Telugu motion picture/cinematograph film, which goes by the tile 'HERO'. It is averred by the plaintiff that this is a commercial picture. This
cinematograph film, which is titled HERO starring Nitin, Bavana, Nagababu, Kota Ramyakrishnan, Ali and others directed by Mr.Sudhakar Raidu and produced by Mr.Maniyam Ramesh shall hereinafter be referred to as 'Suit Cinematography Film' for the sake of brevity, convenience and clarity. The sole plaintiff is a public limited company 08.02.2018 Speaking/Non-Speaking order Index : Yes/No gpa Note to office: In the light of this Court being informed that the Hon'ble Arbitrator has fixed the first hearing on 14.12.2017, copy of this order shall be made available to the parties tomorrow by the Registry i.e., 13.12.2017.
M.SUNDAR, J.
gpa Judgment in C.S.No.973 of 2010 08.02.2018