Madras High Court
M/S.Five Star Audio vs M/S.Mg. Movie Production on 10 April, 2017
Author: T.Ravindran
Bench: T.Ravindran
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10.04.2017 CORAM THE HON`BLE MR.JUSTICE T.RAVINDRAN C.S.No.500 of 2011 1.M/s.Five Star Audio, rep.by its Partner, Mr.S.Kalyanasundaram, No.3/66, 7th street, Sree Sayee Nagar, Virugambakkam, Chennai-600 092. 2.M/s.Star Music, rep.by its Partner, B.Poonam Choudary, No.23/A, North Boag Road,, T.Nagar, Chenani-17. .. Plaintiffs vs. 1.M/s.MG. Movie Production, A-Wing, 202, Shephard, Mitha Nagar, Opp.B.M.C.Office, Goregaon, West Mumbai-400 102. 2.M/s.Sri Suriya Movies, rep.bt its Proprietor, Mr.A.M.Rathnam, No.1, Velavan Street, West Kamakoti Nagar, Valasaravakkam, Chennai-600 087. 3.M/s.A.S. Combine, Surya Kiran CHS Ltd., Bldg.No.11/B, Flat No.03, Ground Floor, New Mhada Colony, Mahakali Caves Road, Andheri(East), Mumbai-400 093. 4.M/s.OnMobile Global Ltd., 26, Bannerghatta Road, J.P.Nagar, Phase II, Bangalore-560 076. .. Defendants Civil Suit filed under Order IV Rule 1 of Original Side Rules 1956 read with Order VII Rule 1 CPC praying for the following judgment and decree against the defendants for the following reliefs: a) Deliver up and cancellation of the Agreement dated 13.06.2011 entered into between the 1st and 2nd defendants in respect of the sound recordings in the films ''Khushi'', ''Dhool'', ''Ghilli'', and ''7/G Rainbow Colony? b)Delivery up and cancellation of the Agreement dated 13.06.2011 entered into between the first and second defendants in respect of the sound recordings in the film '' Boys''? c) permanent and mandatory injunction restraining the defendant Nos.1 to 3, its agents, officers, servants and representatives, franchisees and all others in capacity of principal or agent acting for and on their behalf from illegally making copies of / reproducing/distributing/selling/renting/hiring out/ making available to the public in any other manner the copyrighted sound recordings and underlying literary and musical works owned by the first plaintiff in the films ''Khushi'', ''Dhool'', ''Ghilli'', and ''7/G Rainbow Colony? d) permanent and mandatory injunction restraining the defendant Nos.1 to 3, its agents, officers, servants and representatives, franchisees and all others in capacity of principal or agent acting for and on their behalf from illegally making copies of / reproducing/distributing/selling/renting/hiring out/ making available to the public in any other manner the copyrighted sound recordings and underlying literary and musical works owned by the second plaintiff in the film ''Boys''? e) permanent and mandatory injunction restraining the defendant Nos.1 to 3, its agents, officers, servants and representatives, franchisees and all others in capacity of principal or agent acting for and on their behalf from making any claims to any of the rights vested in the sound recordings of the films ''Khushi'', ''Dhool'', ''Ghilli'', and ''7/G Rainbow Colony'', including modes of exploitation of these rights such as RBTs, ring tones, IPTV rights, digital telecom rights or any other similar mode of exploitation, by placing reliance on the agreement dated 13.06.2011 entered into between the first and second defendants or on any other agreement or otherwise, f) permanent and mandatory injunction restraining the defendants 1 to 3, its agents, officers, servants and representatives, franchisees and all others in capacity of principal or agent acting for and on their behalf from from making any claims to any of the rights vested in the sound recordings of the film ''Boys'', including modes of exploitation of these rights such as RBTs, ring tones, IPTV rights, digital telecom rights or any other similar mode of exploitation, by placing reliance on the agreement dated 13.06.2011 entered into between the first and second defendants or on any other agreement or otherwise, (g)and costs of the suit; For Plaintiffs :Mr.M.V.Swaroop For defendants :Set-exparte J U D G M E N T
The learned counsel for the plaintiffs present. The defendants have already been set ex-parte.
2.Thereafter, the matter was referred to learned Master for recording ex-parte evidence. After completion of recording of the ex-parte evidence, the matter is again posted before Court for further proceedings.
3.In support of the plaintiffs' case, PW1 & 2 have been examined and the documents Exs.P1 to P23 were marked.
4.The oral and documentary evidence produced on the side of the plaintiff remain uncontroverted, accordingly, on a perusal of the same, it is found that the plaintiffs have established their claim.
5. In the result, the suit is decreed as prayed for by the plaintiffs with cost.
10.04.2017 Speaking/Non speaking Index: Yes/No dn T.RAVINDRAN.J. dn C.S.No.500 of 2011 10.04.2017 http://www.judis.nic.in