Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Gokann International Media ... on 26 September, 2019
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.405 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2019
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.405 of 2019
and
O.P.No.648 of 2019
M/s.Sun TV Network Ltd., Rep., by its
Authorised Signatory, Mr.M.Jyothi Basu,
Murasoli Maran Towers,
73, MRC Nagar Main Road,
MRC Nagar, Chennai-600 028. .. Plaintiff
-vs-
M/s.Gokann International Media Limited,
Rep., by its Director,
No.5, 15th Cross Street, Chowdry Nagar,
Valasaravakkam, Chennai-600 087. .. Defendant
Civil Suit filed under Order IV Rule 1 of Original Side Rules r/w
Section 2(1)(c) XVII r/w 1st proviso of Section 7 of Commercial Courts,
Commercial Division and Commercial Appellate Division of High Courts
Act, 2015 (Act 4 of 2016) r/w Sections 55 & 62 of the Copyrights Act &
Order VII Rule 1 of Code of Civil Procedure for the following judgment
and decree:-
(a) For permanent injunction restraining the defendant, their
men, representatives, agents and anybody on behalf of the defendant
from in any manner infringing, exhibiting or exploiting the Schedule
“A” movies or any part thereof through satellite Television Broadcast
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C.S.No.405 of 2019
Direct to Home broadcast, direct satellite service, internet video
streaming through all forms, I.P. TV, broadband, telephone,
telephony, cell phone radio (all dimensions) VCD, DVD, video on
demand, movie on demand, video, High definition (HD), laser disc,
blue ray, U-matic, inflight, airborne, railborne, terrestrial television
broadcast (all dimensions) through cable/via cable TV, local delivery
system, MMDS, paper view, seaborne, all modes of public/private
transportation, public service broadcasting, private communication/
broadcast, wire, wireless, 2D & 3D formats/dimensions of the film or
any other formats/dimensions which may be in existence now or
invented in future or through any other forms, means and modes and
any forms of communication like signs, signals, writing, pictures,
images and sounds of all kinds of transmission of electro magnetic
waves through space or through cables intended to be received by the
general public either directly or indirectly through the medium of relay
stations and all its grammatical variations and cognate expressions
shall be constructed accordingly or any other systems without
restriction of geographical area and including all channels of
Doordarshan, in 7s Music (A unit of M/s.Gokann International Media
Limited), or any other TV channel owned and run by the defendant;
(b) To direct the defendant to render true and proper accounts of
profit in respect of its infringing, telecasting and exploiting of the said
Schedule “A' movies since April, 2019;
(c) To pay damages of a sum of Rs.30,00,000/- for exploiting the
Schedule “A' movies as detailed in Schedule “B' hereunder thereby
causing loss to the plaintiff; and
(d) to pay cost to the plaintiff.
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C.S.No.405 of 2019
For Plaintiff : Ms.M.Sneha
For Defendant : Mr.L.Sharadh Kumar,
For Mr.RA.Chinnarajah
******
JUDGMENT
This suit is for permanent injunction filed on the ground that the defendant has telecasted the movie in respect of which the plaintiff has copyrights.
2.Learned counsel for the defendant would submit that without the knowledge of plaintiff possessing the copyrights, the defendant has telecasted the movie and hereafter, they will not telecast the movies for which the plaintiff has copyrights.
3.In view of the said submission, this Court is of the view that the suit itself can be disposed of in terms of the submission of the learned counsel for the defendant. Judgment can be passed on admission in the pleadings or otherwise in terms of Order 12 Rule 6 of Code of Civil Procedure.
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4.Learned counsel for the plaintiff fairly submits that if the defendant undertakes not to telecast the movies for which the plaintiff has copyrights, they are not inclined to make any claim for damages.
5.Recording the submission of the learned counsel for the defendant, the suit is decreed as prayed for, so far as prayer (a) is concerned.
6.In respect of the other reliefs, the suit is dismissed. No costs.
Consequently, connected original petition is closed.
26.09.2019 Index : Yes/No Speaking/Non-Speaking Order abr 4/5 http://www.judis.nic.in C.S.No.405 of 2019 N.Sathish Kumar, J.
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