M/S.Raj Television Network Ltd v. M/S.Kavithalaya Productions Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Raj Television Network Limited, rep. by its Director M.Ravindran, 32, Poes Road, Second Street, Teynampet, Chennai-600 018.

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Appellant Vs.

1.Messrs. Kavithalaya Productions Private Limited, rep. by its Executive Director Pushpa Kandaswamy, Flat No.3A, Vinayaka Apartments, 34, Warren Road, Mylapore, Chennai-600 004.

2.Ultra Media & Entertainment Pvt. Ltd., 2-C, Thakkar Indl. Est.

N.M.Joshi Marg, Lower Parel (E), Mumbai-400 011.

3.Amazon (Prime Video), 601, A Wing, One BKC, G BLOCK, Bandra Kurla Complex, Bandra (East), Mumbai-400 051.

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Respondents

Prayer: Appeal under Section 13(1A) of the Commercial Courts Act against the order dated 28.10.2020 made in O.A.No.446 of 2020 in C.S. (Comm. Div.) No.244 of 2020.

For the Appellant : Mr.N.L.Rajah Senior Counsel for M/s.C.Ramesh For the Respondents : Mr.Gokul Sundar K.R.

for M/s.C.Seethapathy for respondent No.1 : Mr.D.Thirumoorthy for M/s.S.P.Arthi for respondent No.2 : Ms.Meenakshi Raman for M/s.Rahul Balaji for respondent No.3

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mr.N.L.Rajah, learned Senior Counsel for the appellant; Mr.Gokul Sundar, K.R. for M/s.C.Seethapathy, learned counsel for respondent No.1; Mr.D.Thirumoorthy for

M/s.S.P.Arthi, learned counsel for respondent No.2; and, Ms.Meenakshi Raman for M/s.Rahul Balaji, learned counsel for respondent No.3.

2. It is submitted that now the trial of the suit is complete and written submissions are also filed in the matter.

3. In the light of that, no purpose would be served by deciding the present matter, as the same is against an interim order.

4. Naturally, the Court will be required to decide the matter on its own merits on the basis of the evidence adduced before it. The findings arrived at the time of deciding the injunction application are prima facie in nature and the said findings would be of no avail while deciding the matter finally.

5. The original side appeal, as such, is disposed of. There will be no order as to costs. Consequently, C.M.P.No.13260 of 2021 is closed.

(S.V.G., CJ.) (D.B.C., J.) 10.10.2023 Index : Yes/No bbr To:

The Sub Assistant Registrar Commercial Cases High Court, Madras.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 10.10.2023