Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Gokann International Media ... on 23 September, 2019
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.211 of 2019
and O.A.No.301 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.09.2019
Coram
The Honourable Mr.Justice N.SATHISH KUMAR
C.S.No.211 of 2019
and O.A.No.301 of 2019
M/s.Sun TV Network Ltd.,
Rep. by its Authorised Signatory
Mr.Jyothi Basu
Murasoli Maran Towers
73, MRC Nagar Main Road,
MRC Nagar, Chennai – 600 028. ...Plaintiff
Versus
M/s.Gokann International Media Limited,
Rep by its Director,
No.5, 15th Cross Street, Chowdry Nagar,
Valasaravakkam, Chennai – 600 087. ...Defendant
This Civil Suit is filed under Order IV Rule 1 of Original Side
Rules r/w Section 2(1) (c) XVII r/w 1st Proviso of Section 7 of
Commercial Courts, Commercial Appellate Courts, Commercial
Division and Commercial Appellate Division of High Courts Act,
2015 (Act 4 of 2016 r/w Section 55 & 62 of the Copy Rights act &
Order VII Rule 1 of C.P.C) (a) for permanent injunction restraining
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C.S.No.211 of 2019
and O.A.No.301 of 2019
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 service, internet video streaming through all forms, I.P.
TV, broadband, tehephone, 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/dimension of the film or any other
formats/dimension 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 and in 7s Music (A unit of
M/s.Gokann International Media Limited) or any other TV channel
owned and run by the defendant.
(b) Direct the defendant to render true and proper accounts
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C.S.No.211 of 2019
and O.A.No.301 of 2019
of profit in respect of its infringing, telecasting and exploiting of the
said schedule “A” movies since December, 2018.
(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.
For Plaintiff : Mr.Bharat Solanki
for Mr.M.A.Vimal Mohan
For Defendant : Mr.L.Saradh Kumar
for Mr.RA.Chinnarajah
JUDGMENT
The suit has been filed for the following reliefs:
(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 service, internet video streaming through all forms, I.P. TV, broadband, tehephone, 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, 3/7 http://www.judis.nic.in C.S.No.211 of 2019 and O.A.No.301 of 2019 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/dimension of the film or any other formats/dimension 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 and in 7s Music (A unit of M/s.Gokann International Media Limited) or any other TV channel owned and run by the defendant.
(b) Direct the defendant to render true and proper accounts 4/7 http://www.judis.nic.in C.S.No.211 of 2019 and O.A.No.301 of 2019 of profit in respect of its infringing, telecasting and exploiting of the said schedule “A” movies since December, 2018.
(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.
2. The learned counsel appearing for the defendant submitted that the defendant will not broadcast the movie morefully said out in the schedule “A”. The learned counsel appearing for the plaintiff has not disputed the same and further submitted that they are not pressing for damages.
3. Since the defendant has made an admission of infringement and also submitted that they also desist from infringing hereafter, this Court is of the view that it is the fit case, where the decree and judgment itself can be passed under Order XII Rule 6 of C.P.C. In view of the above, the admission of the defendant's counsel taken on record and the suit is decreed 5/7 http://www.judis.nic.in C.S.No.211 of 2019 and O.A.No.301 of 2019
4. Accordingly, the suit is decreed in respect of prayer 'a'. As far as prayers 'b' and 'c' are concerned, the suit is dismissed.
Consequently connected Original Application is closed. No costs.
23.09.2019 Index : Yes/No rst 6/7 http://www.judis.nic.in C.S.No.211 of 2019 and O.A.No.301 of 2019 N.SATHISH KUMAR, J., rst C.S.No.211 of 2019 and O.A.No.301 of 2019 23.09.2019 7/7 http://www.judis.nic.in