Mr. N. Krishnasamy (Deceased) v. P.D. Emmanuel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN 1.N.Krishnasamy (Deceased) 2.K.Balachander 3.K.Suresh 4.ANV Gopal (Plaintiffs 2 to 4 brought on record as legal heirs of the deceased sole plaintiff as per order dated 14.07.2021 in Appl.No.2262/2021) ... Plaintiffs Vs.

1.P.D.Emmanuel M/s Navrang Films, 7/20, Gopalapuram, Coimbatore.

2.M/s. S.J.Combines, Rep by its Paratner M.Thanu, No.5, Meeran Sahib Street, Chennai - 600 002.

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3.Sri Ranga Cine Vision, Rep by its Proprietor, 12, Poes 3rd Street, Tyenampet, Chennai - 600 018.

4.7th Channel Communication, Rep by Thiru.Manickan Narayan, Chettinad Chambers, Dr.Radhakrishnan Salai, Chennai - 600 004.

5.Sun TV Network Ltd, (Broad casting as Sun Life and K TV), Represented by its Chief Executive Officer, 73, MRC Naser Main Road, Chennai - 600 028.

(Amended as per order dated 12.08.2021 in Appl.No.2761 of 2021) 6.K TV Rep by its Managing Director, M.R.C.Nagar, Chennai - 600 028.

(6th defendant deleted as per order dated 12.08.2021 in Appl.No.2761/2021) 7.Kalaignar TV Rep by its Managing Director, Anna Arivalayam, Anna Salai, Teynampet, Chennai - 600 018.

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8.M/s.New Era Media Corporation Chennai Private Ltd, A company incorporated under the Indian Companies Act, 1956.

Rep by its Chief Executive Officer, Registered office at No.25-A, N.P.Industrial Estate, Ekkaduthangal, Guindy, Chennai - 600 032.

... Defendants (Amended as per order dated 19.11.2014 in Appl.No.7258/2014) Prayer: This Civil Suit is filed under Order IV Rule 1 of the O.S Rules 1956 read with Order VII Rule 1 of the Code of Civil Procedure, read with Section 62(1) of the Copy Right Act, prayed for a Judgment and Decree:- a) For a declaration that the plaintiff is the owner of the absolute copyright of Television rights of the suit film "PADIKATHA MEDHAI" Black and White, Tamil starring Sivaji Ganesan & Sowcar Janaki;

b) For Permanent Injunction restraining the Defendants their men and agents or anyone claiming through them from in any manner infringing, interfering with the plaintiff's Television copy right in the suit film "PADIKATHA MEDHAI" Black and White, Tamil starring Sivaji Ganesan & Sowcar Janaki;

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c) Directing the defendants to jointly and severally to pay the plaintiff a sum of Rs.40,00,000/- (Rupees Forty Lakhs only) as damages along with interest at the rate of 24% from the date of decree till the date of realization.

d) Directing the defendants to pay cost, and e) Grant such further or other reliefs.

For Plaintiffs : Mr.K.Elangoo For Defendants : D1 to D3 and D7 Ex-parte Mr.S.Rajmakesh for D4 Mr.S.Venkatesan for D8

JUDGMENT

The learned Counsel for the plaintiffs seek permission of this Court to withdraw this suit, and he has also made an endorsement to that effect in the Court bundle.

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2. In view of the submission and the endorsement made by the learned Counsel for the plaintiffs, this Civil Suit is dismissed as withdrawn. No costs.

07.12.2022 Internet : Yes/No Index : Yes/No Speaking Order/Non-Speaking Order jas 5/6

C.SARAVANAN,J.

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