Madras High Court
Sun Tv Network Ltd vs M/S.Manyam Entertainments on 8 February, 2018
Author: M.Sundar
Bench: M.Sundar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:08.02.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.973 of 2010
Sun TV Network Ltd.,
Rep. By its Manager (Programming)
Mr.L.Jotheeswaran
No.4, Norton Road, Mandaveli
Chennai 28 .. Plaintiff
Vs.
1 M/S.MANYAM ENTERTAINMENTS
Rep. By its Producer
Mr.Manyam Ramesh
Plot No.76, Kavuri Hills
Flat No.302, Vishnu Pearl
Hyderbad- 500 033
2. MR.MANYAM RAMESH
Producer
Plot No.76, Kavuri Hills
Flat No.302, Vishnu Pearl
Hyderabad- 500 033
3 NEW VOLGA VIDEOS
Rep. By Mr.G.Ravinath
#41, Kushal Towers
Khairathabad, Hyderabad-4
4 BALAJI COLOUR LABORATORIES
A-33, Road No.2
Film Nagar, Jubilee Hills
Hyderabad- 500 033 .. Defendants
This Civil Suit is preferred, under Section 55 and 62 of the Copyright Act, 1957 & Order IV Rule 1 of O.S.Rules, 1956 read with Order VII Rule 1 CPC for a declaration declaring that the plaintiff is the exclusive copy right holder of the cinematography film HERO (Telugu Colour) starring Nitin Bavana Nagababu Kota Ramyakrishnan Ali and others directed by Mr. Sudhakar Raidu and produced by Mr.Manyam Ramesh inclusive of the rights of Satellite Television Broadcast Direct to Home Broadcast Direct Satellite Service, Terrestrial Television broadcast and all other rights connected therewith including exhibition of the film by means of wireless diffusion and by wire for communication to the public through Television Broadcast for the entire world as assigned in the agreement dated 03.07.2008 for a permanent injunction restraining the defendants, their men, agents, assignees or any other person or persons claiming though them from in any manner infringing the plaintiff's copy rights in the cinematography film HERO (Telugu Colour) starring Nitin, Bavana, Nagababu, Kota Ramyakrishnan, Ali and others directed by Mr.Sudhakar Raidu and produced by Mr.Manyam Ramesh inclusive of the rights of Satellite Television Broadcast, direct to home broadcast, direct Satellite Service, Terrestrial Television Broadcast CD, DVD and all other rights connects therewith including exhibition of the film by means of wireless diffusion and by wire for communication to the public through Television Boradcast CD, DVD for the entire world as assigned in the agreement dated 03.07.2008, award damages of Rs.25,00,100/- and to direct the defendants to pay costs.
Digital Versatile Disc
For Plaintiff : Mr.M.A.Vimal Mohan
For Defendants : No appearance (Ex parte)
JUDGMENT
The nucleus of this suit is a Telugu motion picture/cinematograph film, which goes by the tile 'HERO'. It is averred by the plaintiff that this is a commercial picture. This cinematograph film, which is titled HERO starring Nitin, Bavana, Nagababu, Kota Ramyakrishnan, Ali and others directed by Mr.Sudhakar Raidu and produced by Mr.Maniyam Ramesh shall hereinafter be referred to as 'Suit Cinematography Film' for the sake of brevity, convenience and clarity. The sole plaintiff is a public limited company 08.02.2018 Speaking/Non-Speaking order Index : Yes/No gpa Note to office: In the light of this Court being informed that the Hon'ble Arbitrator has fixed the first hearing on 14.12.2017, copy of this order shall be made available to the parties tomorrow by the Registry i.e., 13.12.2017.
M.SUNDAR, J.
gpa Judgment in C.S.No.973 of 2010 08.02.2018