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Madras High CourtCS/491/1991dismissed as infructuous

A.H. Kaleswari v. M/S. Padmini Pictures,

2022-03-21Honourable Mrs Justice V.Bhavani Subbaroyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 21ST DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN CS.No.491 of 1991 A.H.Kamaleswari No.196, Dr.Besant Road, Madras -5 ...Plaintiff vs 1.M/s.Padmini Pictures, Rep.by Propr.B.R.Ravishankar No.6, Balakrishna Road, Mylapore, Madras 2.Raj Video Vision, No.703, Mount Road, Madras-2 3.Sadanas Century Palaza, Teynampet Madras - 18 4.Rajendras 12-B, Poes Road, Madras 5.Preethi Video No.703, Mount Road, Madras-2 ....Defendants

Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree :

1)for a declaration that the plaintiff is the sole and exclusive and absolute owner of the limited copy right in respect of the All India Video rights of the Tamil Talkie pictures NADODI and RAGASIA POLICE 115. 2)for a permanent injunction restraining the defendants 2 to 5 their, agents, servants or anybody claiming through or under them from in any way interfering with the Indian Video rights of the Tamil Talkie pictures titled NADODI and RAGASIA POLICE 115 either by releasing, distributing or selling the video cassets of the said pictures throughout India or in and other manner whatsoever or attempting to do so. 3)for costs.

This civil suit coming on this day before this Court for hearing in the presence of Mr.A.Chidambaram, Advocat for the plaintiff herein and Mr.N.S.Varadachari, Advocate for the 1st defendant herein and Mr.R.Krishnaswami, Advocate for the defendants 2 to 4 herein and upon reading the plaint filed herein and this Court having observed that the agreement dated 27.03.1991 entered into between the parties for a period of 15 years from 27th March 1991 was expired on 26th March 2016 itself and hence, the suit has become infructuous,

It is ordered as follows :- That the suit in C.S.No.491 of 1991 be and is hereby dismissed as infructuous.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 21ST DAY OF MARCH 2022.

Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

DL 01.04.2022 C.S.No.491 of 1991

ORDER

DATED : 21.03.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 06.04.2022 APPROVED ON : 06.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2022

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.S.No.491 of 1991 A.H.Kamaleswari ... Plaintiff Vs.

1. M/s.Padmini Pictures rep. by propr.B.R.Ravishankar

2. Raj Video Vision Madras-2.

3. Sadanas, Century Palaza, Teynampet.

4. Rajendras

5. Preethi Video, Madras.

... Defendants Plaint filed under Sections 55 and 62 of the Indian Copy Right Act 1957 read with Order IV Rule 1 and 2 of O.S. Rules, praying for a judgment and decree as follows :

a) For a declaration that the plaintiff is the sole and exclusive and absolute owner of the limited copy right in respect of the All India Video Rights of the Tamil Talkie Pictures Nadodi and Ragasia Police 115. b) For a permanent injunction restraining the defendants 2 to 5, their agents, servants or anybody claiming through or under them from in any way interfering with the Indian Video Rights of the Tamil Talkie Pictures titled Nadodi and Ragasia Police 115 either by releasing, distributing or selling the video cassettes of the said pictures throughout India or in any other manner whatsoever or attempting to do so. For Plaintiff : Mr.A.Chidambaram For D1 : Mr.N.S.Varadachari For D2 to D4 : Mr.R.Krishnaswami

JUDGMENT

The agreement dated 27.03.1991 entered into between the parties for a period of 15 years from 27th March 1991 was expired on 26th March 2016 itself. Hence, the suit has become infructuous.

2. Accordingly, this Civil Suit is dismissed as infructuous. No costs.

Sd./-V.B.S.J.

21.03.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.