Madras High Court
M/S.Avtar Singh & Co. (P) Ltd vs B.Balaji on 28 June, 2021
Author: R.Subramanian
Bench: R.Subramanian
C.S.No.49 of 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.49 of 2002
M/s.AVTAR SINGH & CO. (P) LTD.
...Plaintiff
.Vs.
1.B.Balaji
2.Y.Ravi Babu
3.M/s.PRASAD FILM LABORATORIES
No.22, Arunachalam Road,
Chennai – 96. ... Defendants
Plaint filed under Sections 55 and 62 of the Indian Copyright Act,
1957 read with Order IV Rule 1 of the Original Side Rules and Order VII
Rule 1 of the Code of Civil Procedure praying for a judgment and decree
against the defendants as follows:
a) For a declaration that the plaintiff is the absolute owner of the
limited copy rights viz., The World Satellite Television and Telecasting
Rights in the picture “VETTAIKARAN” -Tamil- dubbed from the
Telugu Film “MURUGA RAJU” produced by Devi Vara Prasad, starring
Chiranjeevi, Simran, Ramba etc. or a perpetual period;
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C.S.No.49 of 2002
b) For a permanent injunction, restraining the defendants, their
men, agents, assignees, servants or any other person acting on their
behalf from interfering with the plaintiff's limited copyright viz., World
Satellite Television Rights and Telecasting the picture
“VETTAIKARAN” Tamil dubbed from the Telugu film “MURUGA
RAJU” starring Chiranjeevi, Simran, Ramba etc. and produced by the 1 st
defendant for a perpetual period in pursuance of the confirmation letter
Ref.No.PFL:D-10:FA:GENL:501/2001 dated 27.07.01 of the M/s.Prasad
Film Laboratories and
c) For costs of the suit.
For Plaintiff : No appearance
********
JUDGMENT
The suit has been filed by the plaintiff seeking for a judgment and decree against the defendants as follows:
a) For a declaration that the plaintiff is the absolute owner of the limited copy rights viz., The World Satellite Television and Telecasting Rights in the picture “VETTAIKARAN” -Tamil- dubbed from the Telugu Film “MURUGA RAJU” produced by Devi Vara Prasad, starring Chiranjeevi, Simran, Ramba etc. or a perpetual period;
b) For a permanent injunction, restraining the defendants, their Page No.2/5 https://www.mhc.tn.gov.in/judis/ C.S.No.49 of 2002 men, agents, assignees, servants or any other person acting on their behalf from interfering with the plaintiff's limited copyright viz., World Satellite Television Rights and Telecasting the picture “VETTAIKARAN” Tamil dubbed from the Telugu film “MURUGA RAJU” starring Chiranjeevi, Simran, Ramba etc. and produced by the 1 st defendant for a perpetual period in pursuance of the confirmation letter Ref.No.PFL:D-10:FA:GENL:501/2001 dated 27.07.01 of the M/s.Prasad Film Laboratories and
c) For costs of the suit.
2. It is seen from the records that the suit itself has been dismissed as against the 2nd defendant on 20.10.2004. The 1st defendant is the Producer of the movie and the 3rd defendant is the colour lab. A reading of the plaint show that the claim of the plaintiff is that the transfer of the copyrights in favour of the 2nd defendant by the 1st defendant is not valid. The plaintiff claims copyrights in respect of the movie pursuant to the agreement dated 04.05.2001. The plaintiff also impugnes the letter dated 24.07.2001 executed by the 1st defendant in favour of the 2nd defendant Page No.3/5 https://www.mhc.tn.gov.in/judis/ C.S.No.49 of 2002 granting satellite telecasting rights to the 2nd defendant. Therefore, the actual infringer is the 2nd defendant. There is no prayer for damages also.
3. Now, the suit is dismissed as against the actual contesting party viz., the 2nd defendant. I do not think that there is any scope for proceeding with the suit as against the 1st and 3rd defendants. Hence, the suit is dismissed under Rule 3(a) of Order XIII A of the Code of Civil Procedure as amended by the Commercial Courts Act, 2015. No costs.
28.06.2021
dsa
Index : No
Internet : Yes
Non-speaking order
List of the witnesses examined on the side of the plaintiff: Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil 28.06.2021 dsa R.SUBRAMANIAN, J.
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