Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Blue Sky Cinemas on 7 November, 2019
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.145 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.11.2019
CORAM
The Honourable Mr.Justice N.SATHISH KUMAR
C.S.No.145 of 2014
M/s.Sun TV Network Ltd.,
rep. by its Authorised Signatory,
Mr.M.Jothi Basu,
Murasoli Maran Towers,
73, MRC Nagar Main Road,
MRC Nagar, Chennai-28 ...Plaintiff
Versus
1.M/s.Blue sky Cinemas,
rep. by its Proprietor,
Mr.B.Suresh,
No.AJ5, 4th Street, 9th Main Road,
Anna Nagar, Chennai-40
2.M/s.Universal Productions,
rep. by its Proprietor,
Mr.T.R.Ravichandran,
No.163, G1 First Street,
Baskar Colony, Virugambakkam,
Chennai-600 092.
3.S.D.Ramesh Selvam,
Director of the film ''KALAVARAM'',
M/s. Universal Productions,
No.163, G1, First Street,
Baskar Colony, Virugambakkam,
Chennai-600 092. ...Defendants
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C.S.No.145 of 2014
This Civil Suit is filed under Order VII Rule 1 of Code of Civil
Procedure and Sections 55 & 62 of the Copy Right Act r/w Order
IV Rule I of the Original Side Rules praying to (a) issue a
declaration declaring that the plaintiff is the sole and exclusive
copyright holder of Tamil Motion Colour Picture named as
''KALAVARAM'' starring Sathayaraj, Thanikalabarani, Raj Kapoor,
Mayilsamy & others and directed by S.D. Ramesh Selvam, for
broadcasting the said film through any Satellite Television
broadcast, direct to home broadcast, direct satellite service,
internet, IPTV, broadband, telephone, telephony, cell phone,
radio(all dimensions), VCD, DVD, video laser disc, in-flight,
airborne, rail borne, terrestrial television broadcast(all dimensions),
through cable, via cable TV, local delivery systems, MMDS, sea
borne, all modes of public/private transportation, public service
broadcasting private communication/broadcast, wire, wireless or
through any other forms means and modes of any forms of
communication, like signs, signals, writings, pictures, images and
sounds of all kinds by transmission of electromagnetic waves,
through space cables intended to be received by 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 including all channels of Doordarshan.
(b)to grant consequential permanent injunction restraining
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C.S.No.145 of 2014
the defendants, their men, representatives, agents and anybody on
behalf of the defendants from in anyway exhibiting or exploiting the
Tamil Motion Colour Picture named as ''KALAVARAM'' starring
Sathayaraj, Thanikalabarani, Raj Kapoor, Mayilsamy & others and
directed by S.D. Ramesh Selvam, for broadcasting the said film
through any Satellite Television broadcast, direct to home
broadcast, direct satellite service, Internet, IPTV, broadband,
telephone, telephony, cell phone, radio(all dimensions), VCD, DVD,
video laser disc, in-flight, airborne, rail borne, terrestrial television
broadcast(all dimensions), through cable, via cable TV, local
delivery systems, MMDS, sea borne, all modes of public/private
transportation, public service broadcasting private
communication/broadcast, wire, wireless or through any other
forms means and modes of any forms of communication, like signs,
signals, writings, pictures, images and sounds of all kinds by
transmission of electromagnetic waves, through space cables
intended to be received by 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 including all channels of Doordarshan.
(c)to pay the costs of the suit.
For Plaintiff : Mr.Bharath Solanki
For Defendants : Mr.S.Kumaresan
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C.S.No.145 of 2014
JUDGMENT
Today, when the matter is taken up for hearing, an Undertaking affidavit dated 07.11.2019 has been filed by the first defendant on behalf of second and the third defendants also, stating that they have handed over the ''DIGITAL FORMAT'' of the Tamil Motion Movie namely ''KALAVARAM'' to the plaintiff with all requirements. Since the defendants have no objection for decreeing the suit, the suit is decreed as prayed for. The said Undertaking affidavit dated 07.11.2019, is taken on record.
2. In view of the same, the suit is decreed as prayed for. No costs.
07.11.2019 Index : Yes/No dn N.SATHISH KUMAR, J., 4/5 http://www.judis.nic.in C.S.No.145 of 2014 dn C.S.No.145 of 2014 07.11.2019 5/5 http://www.judis.nic.in