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Madras High CourtA/5060/2025allowed

Vimal Alias Vimalavelan v. Naveen Babu Ghanta @ Nani And 7 Others

2026-04-27Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY A No. 5060 of 2025 in C.S(Comm.Div) No. 153 of 2025 and O.A.No.612 of 2025 Vimal alias Vimalavelan No. 46, Sangupuram 4th Street, Sankarankovil Tenkasi District 627 756.

..Applicant/Plaintiff Vs

1. Naveen Babu Ghanta @ Nani Co-Founder, Wall poster Cinemas,

2. Sailesh Kolanu Director, HIT 3 Movie,

3. Prashanti Tipirneni Producer & Co Founder,

4. Phanikumar Raju Pericherla Director, (Respondents 1 to 4 are at Wall Poster Cinema Private Limited No 403, DVS Apartments, Plot B6 Road No 2 Film Nagar Site 2, Hyderabad 500096 Telangana, India.)

5. M/s. Netflix Entertainment Services India LLP 11th Floor, Godrej BKC, Plot C 68, G Block Bandra Kurla Complex, Bandra East, Mumbai Maharashtra 400051, India.

6. M/s.South Indian Film Writers' Association Rep. by its General Secretary, L 33, Flat 1, 2nd Floor, LIG, Bharathidasan Colony, K K Nagar, Chennai 78.

7. Niharika Entertainment Niharika Cinemas Private Limited 8-2-309/1 Flat No.E-1, Trendset Ville, Road No.2, Banjara Hills, Hyderabad, Telangana 500 034.

8. Los Gatos Production Services India LLP 11th Floor, Godrej BKC, Plot C-68, G Block, Bandra Kural Complex, Bandra East, Mumbai, Maharashtra 400 051.

..Respondents Prayer : Application is filed under Order I Rule 10(2) of the CPC & Order XIV Rule 8 of the O.S.Rules, to implead the following proposed 7 and 8 respondents/defendants in C.S.(Comm.Div) No.153 of 2025. (i) Niharika Entertainment having its registered address at Niharika Cinemas Private Limited B-2-309/1, Flat No.E-1, Trendset Ville, Road No.3, Banjara Hills, Hyderabad, Telangana 500 034 and (ii) Los Gatos Production Services India LLP having its registered address at 11th Floor, Godrej BKC, Plot C-68, G Block, Bandra Kurla Complex, Bandra East, Mumbai, Maharashtra 400 051.

For Applicant:

Mr. M.Sheik Allaudin for M/s.Isaac Chambers For Respondents:

Mr. R.Anand for M/s.P.Giridharan for R8/D8 Ms. Ashwini Vaidialingam for Mr.Adithya Reddy for R7/D7

ORDER

The suit was instituted for remedies in respect of alleged breach of copyright in the plaintiff's script Agent 11 and for both injunctive and monetary

relief relating thereto. Originally, the suit was against defendants 1 to 6 and relief was limited to defendants 1 to 5. By this application, the plaintiff seeks to implead respondents 7 & 8 as defendants 7 & 8.

2. Learned counsel for the 7th respondent submits that said respondent is neither a necessary nor proper party. It is submitted that said respondent is sub-licensee of defendants 1 to 4 and that any verdict entered in relation to the dispute between the plaintiff, on the one hand, and defendants 1 to 4, on the other, would be binding on the 7th respondent.

3. Learned counsel for the 8th respondent has no objection to being impleaded.

4. Learned counsel for the plaintiff submits that the 8th respondent is an affiliate of the 5th respondent. As regards the 7th respondent, it is submitted that said respondent is at least a proper party on account of being the licensee under whom the 5th defendant asserts rights in relation to the movie broadcast on the streaming platform of the 5th defendant.

5. In view of the fact that the 5th defendant asserts that it was entitled to broadcast the movie on the basis of a contract entered into by the 7th respondent with the 8th respondent, it appears that the 7th respondent is a party whose

SENTHILKUMAR RAMAMOORTHY J.

KJ presence may be necessary for the effective and complete adjudication of all issues arising in the suit. As regards the 8th respondent, it is admittedly an affiliate of the 5th respondent and there is no objection to the party being impleaded.

6. For reasons aforesaid, this application is allowed as prayed for. Consequently, the plaintiff is directed to carry out the amendments in the plaint on or before 03.06.2026 and serve a copy of the amended plaint on the other parties within a week therefrom.

7. List the original application and suit on 17.06.2026. 27-04-2026 KJ A No. 5060 of 2025 in C.S(Comm.Div) No. 153 of 2025 and O.A.No.612 of 2025