Madras High Court
M/S.Phonographic Performance Limited vs Hotel Dee Cee Manor on 12 March, 2020
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.798 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 12.03.2020
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Civil Suit No.798 of 2011 &
O.A.Nos.992 of 2011 & 1218 of 2018
M/s.Phonographic Performance Limited,
Rep. by its Authorized Signatory
Mr.Rajesh Rajan,
Gokul Tower, Door # 5,
Ground Floor,
No.9/10, C.P.Ramaswamy Road,
Alwarpet, Chennai – 600 018. ... Plaintiff
Vs
1. Hotel Dee Cee Manor,
#90, G.N.Chetty Road,
T.Nagar, Chennai – 600 017.
2. Hotel Pondicherry Ashok,
East Coast Road,
Kalapet, Puducherry – 605 014.
3. Heritage INN
#73, Sivasamy Road,
Ramnagar, Coimbatore – 641 009.
1/4
http://www.judis.nic.in
C.S.No.798 of 2011
4. Alankar Grande,
# 10, Sivasamy Road,
Ramnagar, Coimbatore – 641 009.
5. City Tower,
# 56, Sivasamy Road,
Ramnagar, Coimbatore – 641 009.
6. The Spring Hotel,
New # 11, Kodambakkam High Road,
Chennai – 600 034. ... Defendants
Prayer :- Suit filed under sections 55 and 62 of Copyright Act, 1957 read
with Order IV Rule 1 of the Original Side Rules and Order VII Rule 1 of
C.P.C. for the following reliefs :
[a] Declare that the communication to public by the defendants of the
sound recordings works of plaintiff's member by playing the cassettes or
CDs or audio – Visuals containing the sound recordings in their events and
shows organized by them on or around 31st December 2011/ 1st January
2012 and/or any/ all future events without obtaining a prior license from the
plaintiff, is illegal and unauthorized and is in infringement of the plaintiff's
copyright.
[b] that the defendants by themselves, their servants, and agents be
restrained by an order of permanent injunction from in any other manner
communicating to the public any of the sound recordings of the members of
the plaintiffs by playing the Music Cassettes or Compact Discs or any other
mode of recording or audio-visuals containing sound recordings by any
means of diffusion which infringes the plaintiffs' copyright in the scheduled
2/4
http://www.judis.nic.in
C.S.No.798 of 2011
event to be held on or around the 31 st December 2011/1st January 2012
and/or any/all future events thereon.
[iii] For costs.
For Plaintiff : Mr.C.P.Hemkumar
for Mr.K.Harishankar
For Defendants : --
JUDGMENT
The learned counsel appearing for the plaintiff seeks to withdraw this suit and also made an endorsement to that effect.
2. In view of the submission of the learned counsel appearing for the plaintiff and endorsement made, this suit is dismissed as withdrawn.
Consequently, the connected applications are closed.
17.03.2020 vrc Index : Yes/ No Internet : Yes 3/4 http://www.judis.nic.in C.S.No.798 of 2011 N.SATHISH KUMAR, J.
vrc Judgment in Civil Suit No.798 of 2011 25.09.2019 4/4 http://www.judis.nic.in