Madras High CourtCS/590/2019dismissed as settled out of court

S.Parthiban v. K.Thirumalaiya

2025-12-17Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2025

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY C.S. No. 590 of 2019 S.Parthiban, Prop. of M/s. Silver Line Film Factory, No.26/1, 2nd Street, Kumaran Colony, Vadapalani, Chennai-26.

..Plaintiff Vs 1.K.Thirumalaiya, Flat No.205, B-Block, Ankur Bob Classic Apts. No.11, Ratnammal Street, Kodambakkam, Chennai-24.

2.M/s.A.K. Entertainments (India) Pvt. Ltd., Rep. by Director Rama Brahmam Sunkara, D.No.8-2-293/82/F/C/30, Road No.8, Film Nagar, Jubilee Hills, Hyderabad-500 096. 3.Qube, No.42, Ranga Road, Mylapore, Chennai-4.

4.UFO, No.178/3 & 4, J.B.Towers, Kumaran Colony Main Road, Vadapalani, Chennai-93.

..Defendants Prayer : Plaint is filed under Order IV Rule 1 of the O.S.Rules Read With Sections 55 & 62 of the Copyright Act, 1957 and Order VII Rule 1 of the CPC, 1908 and Section 7 of the Commercial Division and Commercial Appellate Division of High Court Act No.4/2016, praying to grant a judgment and decree on the following terms:-

(i) For a Declaration that the plaintiff is the sole, absolute and exclusive copyright owner in respect of story tentatively titled as "GARUDA" as per the Agreement dated 04/03/2016 entered with the 1st defendant; (ii) For a permanent injunction restraining defendants 1 & 2 herein, their men, agents, representatives, assigns, distributors or anybody claiming through or under them from in any manner infringing the copyright of the plaintiff in respect of story tentatively titled as "GARUDA" either by distributing, exhibiting or exploiting the Telugu film titled "CHANAKYA" (Telugu-Colour) in infringement of the copyright of the plaintiff or in any other manner whatsoever.

(iii) For the costs of the suit.

For Plaintiff:

Mr. A.Chidambaram For Defendants:

Ms.T.Monicka for M/s.S.Sivaraman for D1 (D2 to D4 set ex parte on 09.01.2024)

JUDGMENT

The suit was filed for a declaration that the plaintiff is the absolute owner of the copyright in the story titled as 'GARUDA' and for a permanent injunction relating to the cinematographic film titled 'CHANAKYA'. The plaintiff and the first defendant have settled the dispute out of Court and have filed a joint compromise memo dated 11.12.2025 recording the terms of settlement.

2. As a condition for the release of the movie, the first defendant had deposited a sum of Rs.9,00,000/- to the credit of the suit. Along with accrued interest, a sum of Rs.11,68,909/- is available as on date, as per the certificate of funds. The plaintiff and the first defendant have agreed to the apportionment thereof in the manner specified in paragraph 1 of the joint compromise memo. The plaintiff states that he does not intend to prosecute the suit against defendants 2 to 4.

3. By taking note of the above, the following orders are issued: (i) The suit is dismissed as settled out of Court. (ii) The Registry is directed to pay a sum of Rs.5,34,454.50 to the plaintiff and a sum of Rs.6,34,454.50 to the first defendant from and out of the two deposits for sums of Rs.5,19,657/- and Rs.6,49,252/- deposited with the Indian Bank, High Court branch, Chennai-104.

(iii) The Registrar General shall make the necessary endorsements on the fixed deposits to give effect to this direction. 17-12-2025 Index : Yes/No Internet: Yes/No kj

SENTHILKUMAR RAMAMOORTHY, J.

kj To The Registrar General, High Court, Chennai-104.

C.S. No. 590 of 2019 17-12-2025