Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Movements Digital India Private ... on 25 November, 2019
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.Nos.350 & 366 of 2019 and
O.A.Nos.593 & 640 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2019
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.Nos.350 & 366 of 2019
and
O.A.Nos.593 & 640 of 2019
M/s.Sun TV Network Ltd.,
Rep: by its Authorised Signatory,
M.Jyothi Basu,
Murasoli Maran Towers,
73, MRC Nagar Main Road,
MRC Nagar, Chennai – 600 028. ... Plaintiff
Vs.
M/s.Movements Digital India Private Limited,
Rep.by its Authorised Person,
Registered Office at: 6/53, Ajay Complex,
Urumandam Palayam, G.N.Mills Post,
Coimbatore – 641 029, Tamilnadu.
Branch Office at: Real Tower, Royapettah High Road,
Rangaiah Garden, Mylapore, Chennai – 600 004. ... Defendant
Plaint filed under Order VII Rule 1 C.P.C. read with Order IV
Rule 1 of the High Court Original Side Rules praying for:
(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 Direct to Home broadcast, direct satellite
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C.S.Nos.350 & 366 of 2019 and
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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 construct
accordingly or any other systems without restriction of
geographical area in Tune-6 Music (A unit of
M/s.Movements Digital India Private Limited, or any
other TV Channel owned and run by the defendant.
(b) 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.
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(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.
(d) To pay cost to the plaintiff.
(e) pass any further similar other orders as this
Hon'ble Court may deem fit and proper in the
circumstances of the case and thus render justice.
For Plaintiff : Ms.M.Sneha
For defendant : M/s.S.Vasavi Sridevi
JUDGMENT
It is the contention of the learned counsel for the defendant that they removed all the songs from the server and in future also they will not telecast the songs in the server. Hence, the undertaking given is recorded.
2. In view of the above, this Court is of the view that nothing survives for adjudication. The suit is disposed of under Order 12 Rule 6 of CPC. Accordingly, the suit is decreed for permanent injunction as prayed for in prayer A. As far as prayer B 3/5 http://www.judis.nic.in C.S.Nos.350 & 366 of 2019 and O.A.Nos.593 & 640 of 2019 and C, suit is dismissed. No costs. Consequently, connected original applications are closed.
25.11.2019 AT 4/5 http://www.judis.nic.in C.S.Nos.350 & 366 of 2019 and O.A.Nos.593 & 640 of 2019 N.SATHISH KUMAR,J.
AT C.S.Nos.350 & 366 of 2019 and O.A.Nos.593 & 640 of 2019 25.11.2019 5/5 http://www.judis.nic.in