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Madras High CourtCS/719/2012decreed

Modern Digitech Media Ltd v. Mr.K.P.Ravichandran

2017-04-17Honourable Mr Justice T. Ravindran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN C.S.No.719 of 2012 and O.A.No.920 of 2012 Modern Digitech Media Limited, Rep. by its Chairman S.Jaganathan .. Plaintiff Vs.

1. Mr.K.P.Ravichandran, Proprietor

2. Mr.Abdul nawab, Proprietor

3. Bayshore Records

4. Mr.Khaja Mohideen

5. Union Electronics,

6. Mr.A.Sendhil, Proprietor

7. Mr.Ayyappan, Proprietor

8. Mr.Abdul Rehman, Proprietor

9. Mrs.K.Uma Rani, Proprietrix,

10. M/s Gemini Colour Laboratory

11. M/s Vijaya Colour Laboratory .. Defendants Prayer : Civil Suit has been filed under Order IV Rule 1 of O.S.Rules read with Order VII Rule 1 C.P.C and Sections 55 & 62 of the copyright Act 1957 praying for judgement and decree as follows:- a) For a permanent injunction restraining the defendants 1 to 8, their men, agents, officers, etc. from, exploiting or infringing the

plaintiff's limited copyright viz., the entire DVD Blueray, all disc and fiber optical rights of various Tamil cinematograph films which are described in the schedule to the plaint;

b) for costs of the suit;

c) for such further or other orders For the plaintiff : Mr.C.Jagadish

JUDGMENT

Defendants were already set ex-parte.

2. Thereafter, the matter was referred to the learned Additional Master- IV, for recording ex-parte evidence, on the side of the plaintiff. After recording of ex-parte evidence, the matter was again listed before the Court for further proceedings.

3. In support of the plaintiff's case, PW-1 has been examined and Exs.P1 to P9 have been marked. The evidence of PW-1 and documents marked as Ex.P1 to P9, remain unchallenged.

4. On perusal of the above oral and documentary evidence, it is found that the plaintiff has established his claim.

5. In conclusion, the Civil Suit is decreed as prayed for. No costs. Consequently, connected original application is closed. 17.04.2017 Speaking order / Non speaking order Index : Yes/No Internet: Yes/No adl

T.RAVINDRAN, J.

adl C.S.No.719 of 2012 and O.A.No.920 of 2012 17.04.2017

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