M/S Aaranya Cine Combines v. M/S Sprint Screens Llp,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.S. (Comm. Div.) No.239 of 2022 M/s.Aaranya Cine Combines, Rep. by its Authorized Signatory, K.Vignesh Kumar, Flat No.A12, Srinivasa Arcade, IIIrd Floor, No.1/2, Arunachalam Road, Saligramam, Chennai - 600 093.

... Plaintiff Vs.

1.M/s.Sprint Screens LLP, Rep. by its Partner, S.Nagavamsi, Plot No.49/A, 49/B, Serene Homes, Kaktiya Hills, Road No.2, Guttala Begumet, Hyderabad - 500 082.

2.M/s.Qube Cinema Technologies Private Limited, No.42, Dr.Ranga Road, Mylapore, Chennai - 600 004.

... Defendants Civil Suit (Commercial Division) is filed under Sections 55 and 62 of Copy Right Act, 1955 read with Order IV Rule 1 of O.S. Rules and Order VII Rule 1 of CPC read with Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Page No. 1 of 4

Act, 2015, praying to pass a Judgment and Decree against the defendants:- (a) declaring that the plaintiff is the absolute copy right owner of the suit Tamil Film "Vaathi" featuring Dhanush and Samyucktha Menon in respect of Theatrical rights for the territories of Coimbatore, Salem, Trichy & Tanjore, Mudurai & Ramnad and Tirunelveli and Kanyakumari in Tamil Nadu as described in the Schedule.

(b)For a permanent injunction restraining the first and second defendants, their agents, servants anybody and everybody claiming through them or under in any manner from releasing the movie "Vaathi" for the territories of Coimbatore, Salem, Trichy & Tanjore, Mudurai & Ramnad and Tirunelveli and Kanyakumari in Tamil Nadu as described in the Schedule.

For Plaintiff : Mr.V.Praveen Kumar for Mr.PL.Narayanan For Defendants : M/s.P.S.Deepika

J U D G M E N T

When this suit is taken up for hearing, the learned counsel for the plaintiff made an endorsement seeking leave of this Court to withdraw the Page No. 2 of 4

suit without prejudice to file a separate suit against the defendants for damages.

2. This Court by an order dated 06.02.2023 in A.No.5643 of 2022 had granted liberty to the plaintiff to institute a suit for damages on account of the transactions between the plaintiff and the first defendant.

3. In view of the same, the present Civil Suit (Commercial Division) is dismissed as withdrawn with liberty as mentioned above. Parties to bear their own cost.

28.03.2023 Internet: Yes/No Index: Yes/ No jen Page No. 3 of 4

S.SOUNTHAR, J.

jen C.S. (Comm. Div.) No.239 of 2022 28.03.2023 Page No. 4 of 4