Susi Ganesan v. V. Elango

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN O.S.A.No.103 of 2009 1.Susi Ganesan 2.Devi Sri Prasad Music Director.

3.Kalaipuli S.Thaanu ... Appellants/Defendants -Vs1.V.Elango ... 1st Respondent/Plaintiff 2.M.Vivekanandhan @ Viveka (R-2 impleaded vide order of Court dt.29.06.2009 in MP.2/2009) ... 2nd Respondent Appeal filed under Order XXXVI Rule 1 of O.S. Rules and Clause 15 of the Letters Patent against the order dated 18.04.2009 passed in O.A.No.21 of 2009 in C.S.No.36 of 2009 on the original side of this Court.

For Appellants :

M/s.R.Maheswari For Respondents-1 :

Mr.G.Saravanakumar For R2 : Mr.J. Ravikumar*

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The appeal is only qua the interlocutory stage and no interim orders were granted. Prima facie case has been established as per the impugned order qua infringement of copy right of the literary works. On our query, we are told that the appellants have not even filed their written statement as yet. 2.We, thus, see no reason to interfere with the impugned order.

https://hcservices.ecourts.gov.in/hcservices/

3.Original Side Appeal, thus, stands dismissed. 4.The suit being one of the year 2009 and no written statement being filed, the same be placed before the learned Single Judge as to why the appellant / defendant should not be proceeded against further having not filed any defence since 2009, on 19.09.2016.

Sd/- Assistant Registrar(CS V) dt. 09/09/2016 Corrected as per the order of this Court dated 4.11.2016 and made in OSA.No.103 of 2009 Sd/- Assistant Registrar(CS II) dt. 10.11.16 //True Copy// Sub Assistant Registrar sra To The Sub Assistant Registrar, Substituted order to go Original Side, Madras High Court, already despatched on Chennai.

19/09/2016 (C.S. Posted before the Court concerned on 19.09.2016) +1cc to Mr.M.Murugan, Advocate, S.R.No.50984 + 1 cc to Mr. G. Saravanakumar, Advocate Sr.62981 + 1 cc to Mr.J. Ravikumar, Advocate SR.63051 O.S.A.No.103 of 2009 CTK(CO) CA(09/09/2016) EU 10.11.2016 https://hcservices.ecourts.gov.in/hcservices/