Madras High Court
B.R. Vijayalakshmi vs N.S.Palaniappan on 17 July, 2019
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.07.2019
Coram
The Honourable Mr.Justice KRISHNAN RAMASAMY
C.S.No.1129 of 2008
B.R. Vijayalakshmi,
Propritrix,
M/s. Padmini Pictures,
NO.6, Balakrishna Road,
Mylapore, Chennai - 600 004. ... plaintiff
Vs.
1. N.S.Palaniappan
2. M/s. Sai Ram Films,
No.59, Amman Sannadhi,
Mannadi, Madurai - 1.
3. N.Krishnamurthy
4. M/s.Movie Films Circuit,
269, Big Bazaar street,
Coimbatore.
5. M/s. Raja Movies,
24, Meeran Sahib Street,
Madras - 2.
6. Ennem Film Corporation,
28, VI Cross, V Main,
Gandhi Nagar,
Bangalore - 560 009
7. M/s. Gani Pictures,
63-E, 2nd street,
Railway Station Road,
http://www.judis.nic.in
Mayiladuthurai.
2
8. Jaihind Films,
Subbiah Koil Street,
Vegupatti Post,
Pudukkottai District.
9. Ramu Films,
Film Distributors,
119-C, North Andar Street,
Tiruchirapalli - 620 002.
10. Sri Murugan Pictures,
Film Distributors @ Exhibitors,
Vijaya Theatre Building,
Mayiladuturai - 609 001.
11. M/s. Vijayalakshmi Pictures,
13/C, Kosa street,
Vellore - 632 001.
12. Annai Velanganni Films,
Distributors of Motion Pictures,
18, Sivasakthi Buildings,
High Road,
Tirunelveli Junction.
13. Swamy Pictures,
Cinema Nagar,
New Bus Stand,
Salem - 636 009.
14. Azra Enterprises,
2/59, Burrah Sahib Street,
Mount Road,
Madra -600 002.
15. Mrs. Nasreen
16. K.M.Movies
No.19, West Avanimoola Street,
Madurai - 625 001.
17. Mr. Rajendran,
Veera Raghava Movies,
Babu Theatre,
http://www.judis.nic.in
Thiruvallur.
3
18. Sree Veeramashi Films,
Palaghad - 12
19. M/s. Gemeni Colour Laboratory,
No.28, New Bangaru Colony,
West K.K.Nagar,
Chennai - 600 078 ... defendants
PRAYER : This Civil Suit has been filed under Sections 55 and 62 of
the Indian Copy Right Act 1957 r/w. order IV Rule 1 O.S. Rules and
Order VII Rule 1 Civil Procedure Code 1908 as amended prays for a
decree and judgment against the defendant
a) for declaration the plaintiff is a absolute owner of the
negatives in the copyrights of the suit picture "Thedi Vanda
Mappillai"including the all rights such as the plaintiff is the absolute
onwer of the limited copyrights viz., the limited copyrights of the
suit picture "Thedi Vanda Mappillai"in 8 mm, 16 mm and 35 mm in
the areas inside India and outside India and through out the world
b) for a permanent injunction restraining the defendants, their
men, agents, servants or assigns from in any manner by infringing
the limited copyrights viz., the limited copyrights of the suit picture
"Thedi Vanda Mappillai "in 8 mm, 16 mm and 35 mm in the areas
inside India and outside India and through out the world
c) for permanent injunction restraining the Gemini Colour
Labouratory, 19th defendant in this suit from supplying prints of the
suit picture "Thedi Vanda Mappillai " taken from the negatives kept
in custody with them and also allowed them to part away with the
negatives for taking 8 mm and 16 mm, 35 mm prints from giving
http://www.judis.nic.in
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the rights for the above purpose to various third parties including
the defendants in the suit except the 3rd defendant.
d) for mandatory injunction directing the defendants to
surrender the prints of the suit picture "Thedi Vanda Mappillai"hither
to exploited by them to the plaintiff herein;
and
e) for costs of the suit.
For plaintiff : No appearance
For defendant : No appearance
JUDGMENT
When the above Civil Suit was posted for hearing on 11.07.2019, none appeared on behalf of the plaintiff. Hence, the matter was directed to be listed on 17.07.2019 under the caption "for dismissal"". Today, (17.07.2019), when the matter is called, there is no representation on behalf of the plaintiff . Hence, the Civil Suit is dismissed for non prosecution. No costs.
17.07.2019 mrp Index : Yes/No Internet: Yes/No Speaking order /non speaking order http://www.judis.nic.in 5 KRISHNAN RAMASAMY, J., mrp C.S.No.1129 of 2008 17.07.2019 http://www.judis.nic.in