Sun Tv v. M/S. Golden Eagle Communications Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 20TH DAY OF APRIL 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No.522 of 1995 Sun Tv (Unit of M/s.Sumangali Publications Pvt.Ltd.) Rep.by its Manager (Programming) having their office at No.268-269, Anna Salai, Mount Road, Madras - 600 018 ... Plaintiff versus M/s.Golden Eagle Communications Ltd.
having their office at 'Vrindhavan', 9, III Avenue, Boat Club Road, Madras 600 028 *2.M/s.Vijay Television Network Pvt.Ltd.
Rep.by its Managing Director, MC Dowel House, II Line Beach, Chennai-1 ... Defendants (*Amended as per order dt.12.06.97 passed by His Lordship Justice K.Sampath in A.No.563/97) Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree:
i)for a permanent injunction restraining the defendant or their agents or servants or anyone claiming under or through them from in any manner infringing the plaintiff's copyright in respect of satellite TV Broadcast relating to the pictures, morefully described in the schedule to this plaint either by seeking to exhibit the said pictures or songs or clippings through satellite TV Broadcast either by themselves or through anyone claiming under or through them;
ii)directing th defendants to pay to the plaintiff the costs of this suit. This civil suit coming on this day before this Court for hearing in the presence of Mr.M.Narendran, for M/s.King and Partridge, Advocate for the plaintiff herein and the defendants herein having not appeared in person or by advocate and upon reading the plaint filed herein and the learned counsel for the plaintiff having submitted that the relief sought for in this Civil Suit has become infructuous and hence, the Civil Suit is dismissed as having become infructuous, and this Court having observed that nothing survives for adjudication in this Civil Suit, it is ordered as follows:- That the suit in C.S.No.522 of 1995 be and is hereby dismissed as
having become 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 20TH DAY OF APRIL 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 28.04.2022 C.S.No.522 of 1995
ORDER
DATED : 20.04.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL : 30.04.2022 APPROVED ON : 11.05.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.04.2022
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.S.No. 522 of 1995 SUN TV, (Unit of M/s. Sumangali Publications, Pvt., Ltd.,), Represented by its Manager, (Programming) ... Plaintiff
Versus
1. M/s. Golden Eagle Communications Limited
2. M/s. Vijay Television Network Pvt., Ltd., Rep. by its Managing Director, MC Dowel House, II Line Beach, Chennai- 600 001.
[Amended as per order dated 12.06.1997 passed in A.No.563/1997] ... Defendants Prayer:Civil Suit filed under Section 55 of the Copy Right Act of 1957 read with Order IV Rule 1 of the O.S. Rules and Order VII Rule 1 of CPC.,
(i) for a permanent injunction restraining the defendant or their agents or servants of anyone claiming under or through them from in any manner infringing the plaintiff's Copyright in respect of Satellite TV Broadcast relating to the pictures, morefully described in the schedule to this plaint either by seeking to exhibit the said pictures or songs or clippings through Satellite TV Broadcast either by themselves or through anyone claiming under or through them and for costs of this suit. For Plaintiff : Mr.M.Narendran For M/s. King and Partridge For Defendants : No Appearance -----
J U D G M E N T
Today, when the matter is taken up for hearing, Mr.M.Narendran for M/s. King and Partridge, learned counsel appearing for the plaintiff would submit that the relief sought for in this Civil Suit has become infructuous and hence, the Civil Suit is dismissed as having become infructuous.
2. In view of the above submission made by the learned counsel
appearing for the plaintiff, nothing survives for adjudication in this Civil Suit. Hence, this Civil Suit is dismissed as having become infructuous. No costs.
Sd./-V.B.S.J.
20.04.2022 //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.