Madras High CourtC.S(COMM DIV)/210/2023closed

R Chidambaram v. Ram Aru Castro

2023-08-29Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.08.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & O.A.No. 737 of 2023 R.Chidambaram ... plaintiff Vs.

1.Ram Arun Castro 2.M/s. Dream Warrior Pictures, Rep. by its Partner, Mr.S.R.Prabhu, No.17/8, Flat No.1, Ganapath Apartments, Krishna Street, T.Nagar, Chennai - 600 017.

... defendants Prayer: Plaint filed under Order VI Rule 1 of High Court 1994 read with Section 7 of the Commercial Courts Act, 2015 r/w Section 57 & 1/5

62 of the Copyright Act, for (a) Declaration that the plaintiff is the owner of the copyright holder of the Story, Screenplay of the Film 'OATTA THOODHUVAN 1854' now renamed as 'HARKARA'

(b) Permanent injunction restraining the defendants or their men or their agent or any one claiming under them from releasing the movie 'HARKARA', without acknowledging in all credits of the movie that Story, Screenplay, Dialogues and Direction was done by the plaintiff.

(c) Declaration that the plaintiff has 50% share in all the rights of the Movie 'Harkara' in all other Indian languages than Tamil either by dubbing or remakes (d) Permanent injunction restraining the defendants or their men or their agent or any one claiming under them from releasing the movie 'HARKARA' in any other language than Tamil either by dubbing or remake (e) Costs of the suit 2/5

For Plaintiff :

Mr. K.Mukund Rao For Defendant :

Mr. A.Chidambaram.

JUDGEMENT Today, an affidavit has been filed by the 1st defendant stating the following:

"2. I submit that today viz on 29.08.2023, when the matter came up for further hearing this Hon'blw Court was pleased to direct me to file an affidavit of undertaking to the effect that as per the earlier order dated 25.08.2023 the following sentence shall be original inserted in the film in the OTT release also as shown in the Theatrical release:

"This Movie is based on the original film "Oatta Thoodhuvan 1854", which has been written and 3/5

directed by Mr.R.Chidambaram."

3. I hereby agree and undertake to comply with the above direction in the OTT release also."

The affidavit has been filed directly into the Court on instructions of the Court and has not been e-filed.

2. Accordingly, the suit is closed in terms of the undertaking given in the affidavit. Consequently, connected application is also closed. No costs.

29.08.2023 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking kan 4/5

P.T. ASHA. J, kan 29.08.2023 5/5