Sun Tv Network Ltd. v. Lucky Media
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 05.06.2024
CORAM:
THE HON`BLE MR.JUSTICE P.VELMURUGAN C.S No.172 (COMM DIV) of 2023 Sun TV Network Ltd Rep. by its Manager (Programming) Mr.L.Jotheeswaran 367/369, Anna Salai Teynampet Chennai-600 018.
... Plaintiff ..Vs.
1.M/s.Lucky Media Rep. by its Proprietor Mr.B.Venugopal Plot No.B-52, Journlist Colony Jubilee Hills, Hyderabad-500 033.
2.M/s.Srikanth Entertainment Pvt. Ltd., Rep. by its Director Mr.Sudhakar Pallamala H.No.7-1-50/3, 2nd Floor Myneni Apartment, Shyamkaran Road Ameerpet, Hyderabad-500 016.
3.M/s.Shalimar Video Company Rep. by its Partner Mr.Mohamed Asharaf No.14, Housing Board Complex 1/5
Opp. Care Hospital Mokharanjahi Market Hyderabad-4.
4. M/s.Ramanaidu Colour Laboratories (A Unit of M/s.Suresh Productions Private Ltd) Door No.8-2-293/82/J111/6, Ramanaidu Studios, Jubilee Hills Hyderabad-500 034.
... Defendants Prayer: Civil Suit has been filed under Order IV Rule 1 of O.S Rules 1956 r/w O.VII Rule 1 CPC praying for the following judgment and decree against the defendant:
i)for a declaration declaring that the plaintiff is the exclusive copy right holder of the cinematography film "TATA BIRLA MADHYALO LAILA" (Telegu Colour), starring Mr.Shivaji, Sheela & others and directed by Mr.S.Srinivasa Reddy and other 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 18.01.2007. ii) for a permanent injunction restraining the defendants, their men, agents, assignees or any other person or persons claiming through them from in any any manner infringing the plaintiff's copy rights in the cinematography film "TATA BIRLA MADHYALO LAILA" (Telugu 2/5
Colour), starring Mr.Shivaji, Sheela and Others and produced by M/s.Lucky Media; 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 18.01.2007.
iii) Award damages of Rs.10,00,000/- iv) directing the defendants to pay cost.
For Plaintiff : Mr.R.Palaniaandavan For Defendants : M/s.Lakshanaviravalli for D1 Mr.Madanagopal Rao for D2 No Appearance for D3 and D4
J U D G M E N T
When the matter was taken up today, the learned counsel for the plaintiff and the 1st defendant submitted that both the parties have entered into a compromise. Pursuant to the same, they have filed a Memorandum of Compromise dated 25.04.2024 before this Court which has been duly signed by both the parties.
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2. Mr.Jyothi Basu, who is the authorised signatory of the plaintiff namely Sun TV Net Work Limited and Mr.B.Venugopal, who is the authorised signatory of the 1st defendant namely "Lucky Media" are present today and they have accepted that they had entered into a Memorandum of Compromise and they know about the terms and conditions that have been reduced into writing in the Memorandum of Compromise.
3. The learned counsel for the plaintiff prays to record the said Memorandum of Compromise and also seeks permission of this Court to withdraw the suit and also made an endorsement to that effect in the Court bundle. Accordingly, the said Compromise Memo is recorded.
4. In view of the same, the suit is dismissed as withdrawn. The Memorandum of Compromise entered between the parties shall form part of the decree.
05.06.2024 Index:Yes/No Speaking/Non-speaking order uma 4/5
P.VELMURUGAN,J.
uma C.S.(COMM DIV) No.172 of 2023 05.06.2024 5/5