Madras High Court
Mr.K.Bose Babu vs Sri Anupama Productions on 16 July, 2019
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.07.2019
Coram
The Honourable Mr.Justice KRISHNAN RAMASAMY
C.S.No.1065 of 2008
and O.A.No.1223 of 2008
Mr.K.Bose Babu
...Plaintiff
Versus
1.Sri Anupama Productions
Rep. by its Managing Partner
No.10, Ganga Nagar,
Kodambakkam, Chennai – 24.
2.Y.Sambasiva Rao
16-3-175, Gandhi Nagar
Vijayawada – 3.
3.M.Sambasiva Rao
C/o. Apsara Films
Gandhi Nagar,
Vijayawada – 3.
4.Varala Krishna S/o. Durgaiah
5.CH.Desai
C/o. Naaz Theatre
Guntur, Andhra Pradesh.
6.T.Muralikrishna
C/o. Surya Films
Gandhi Nagar,
Vijayawada – 3.
http://www.judis.nic.in
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7.M/s.Prasad Film Laboratories Pvt. Ltd.,
23, Arunachalam Road,
Saligramam, Chennai – 93.
8.M/s.Gemini T.V.
4/5 – 1, Norton Road,
Chennai – 600 028.
...Defendants
(By order dated 05.08.2015, defendants 7 & 8 were set ex-parte by
this Court)
(By order dated 08.01.2018, the suit was dismissed for default as
against defendants 2 to 6 by the learned Master)
This Civil Suit is filed under Order IV Rule 1 of O.S.Rules r/w.
Order VII Rule 1 of C.P.C and Sections 55 & 62 of the Copyright Act,
1957 for the following reliefs:
(a) For a declaration that the plaintiff is the absolute owner of
the limited copyright namely world satellite broadcasting rights,
satellite broadcasting service, satellite Radio broadcasting, Public
service broadcasting, private communication/broadcast, Terrestrial
Radio broadcasting, Terrestrial Digital Service/broadcasting, cable
television service, Direct to Home Service, Air Borne, Sea Borne, Rail
borne rights, Road Borne rights or any other systems without any
geographical restriction of area in respect of the pictures more fully
described in the schedule hereto;
(b) For a permanent injunction restraining the defendants, their
men, agents, officers, etc. from, interfering or infringing the plaintiff's
limited copyright namely world satellite broadcasting rights, satellite
broadcasting service, satellite Radio broadcasting, Public service
broadcasting, private communication/broadcast, Terrestrial Radio
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broadcasting, Terrestrial Digital service/broadcasting, cable television
service, direct to Home Service, Air Borne, Sea borne, Rail borne
rights, Road Borne Rights or any other systems without any
geographical restriction of area in respect of the pictures more fully
described in the schedule hereto; and
(c) for costs of the suit.
For Plaintiff : Mr.C.Ramesh
JUDGMENT
Today(16.07.2019), when the matter is called, the learned counsel for plaintiff submitted that the suit has been dismissed for default as against the defendants 2 to 8 who are necessary and proper parties to the suit. He further submitted that since no relief can be granted in the absence of the defendants 2 to 8 the plaintiff seeks the permission of this Court to withdraw the suit against the first defendant. He has also filed a Memo to that effect.
2. In view of the Memo filed by the plaintiff's counsel, this Civil Suit is dismissed as withdrawn. No costs. Consequently, connected Application is closed.
16.07.2019 mrr Index : Yes/No http://www.judis.nic.in 4 KRISHNAN RAMASAMY, J., mrr C.S.No.1065 of 2008 16.07.2019 http://www.judis.nic.in 5 http://www.judis.nic.in