Madras High Court
C.P.Sunil Raj vs / on 19 March, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.03.2021
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.316 of 2019
and
O.A.No.506 of 2019
C.P.Sunil Raj
Proprietor of M/s.Mishri Movies,
21/9, Cenetoph Road, Second lane,
Alwarpet,
Chennai – 600018.
.. Plaintiff
/versus/
1.M/s.Common Man Presents
Rep.by its Managing Partners,
Mr.B.Ganesh,
Having office at No.34/24, Rajendran Street,
Thiru Nagar, Valsaravakkam,
Chennai – 600 087.
2.M/s.Whole Wide World Films
Rep.by its Proprietor,
R.Rathindran,
Having office at:-
2F, No.29, Lakshmi Apartments,
First Seaward Road,
Valmiki Nagar, Thiruvanmiyur,
Chennai – 600 041.
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3.M/s.Surabi Films,
Rep.by its Partner,
S.Mohan,
Having office at:-
No.65/3, Pushpa Enclave,
K.S.Nagar, School Road,
Kolathur,
Chennai – 600 099.
... Defendants
This Civil Suit is filed under Order IV Rule 1 of the High
Court Original Side Rules, and Order VII Rule 1 of the Code of Civil
Procedure, 1908, and Sections 55 and 62 of the Copyright Act, 1957,
prayed for a Judgment and Decree against the defendant:-
a).To grant permanent injunction restraining the Defendants,
their men, agents, servants, assign or any person /s claiming through or
under them from in any manner interfering with or infringing the
plaintiff's copyright in the suit film “Idhu Vedhalam Sollum Kadhai”,
dubbing rights in Hindi, Bhojpuri and all other North Indian
languages,more fully described in the schedule items hereunder inclusive
of commercial, non-commercial, theatrical, non-theatrical, exploitation
and distribution in all gauges, 35mm, 16mm, 8mm and all other formats
including video parlous exhibition rights, video rights in all formats
(including DVD, VCD, LD, HDVD, BluRay, Micro chip, pendrives, etc,
cable TV rights, HITS (Headend in the sky) rights, OTT devices, rights
surface transport rights, Sea-Borne, Rail-Borne, Air-Borne exhibition
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rights, all types of Television rights including satellite broadcasting
rights in all formats, PAY Tv, Free Tv, DTH, Pay per view, Catch Up Tv,
Pay Channels, Terrestrial TV telecasting, subtitling rights in all language,
all types of mobile rights, telecom rights, all ringtones rights, clips rights,
songs rights, all types of music rights (including publishing, sale,
licensing, sub-licensing, sub-titling in all languages and overall
commercial exploitation of music CDs, Cassettes, hard discs, Microchips
etc), mechanical synchronisation rights, promotion rights, publicity
rights, Doordarshan rights and all intellectual property rights and all
other rights of the said film in all formats in all media and all
convergence technologies rights and also all rights including all types of
electric and electronic and digital media rights, whether digital and/or
analogue, or any other means or modes of communications to public and
/ or in private, and all other rights in whatsoever manner including the
future scientific advancement and technological rights in respect of the
suit films;
b).To pass such further or other orders as deemed fit and
proper in the circumstances of the case and thus render justice.
c).To award the costs of this suit.
For Plaintiff : Mr.P.Pranav Jain
For Defendants : Mr.R.Suriya Sivakumar
For Vijayan Subramanian
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JUDGMENT
A mediation report dated 05.11.2019 had been enclosed with a
Joint Compromise Memo in between the plaintiff and the 2nd and 3rd
defendants. This Court places its deep appreciation to the learned
Mediator, D.B.Kalaichelve, for having facilitated such a compromise
between the plaintiff and the 2nd and 3rd defendants.
2.The relevant portions of the Joint Compromise Memo are as
follows:
“The plaintiff and the 3rd defendant have agreed to
give the rights of Theatrical exploitation of the Hindi dubbed
version of the said film to the 1st and 2nd defendant for the
consideration of Rs.5,00,000/- (Rupees Five Lakhs only).
At the time of delivery of the rights of Theatrical
exploitation, the 1st and 2nd defendant have to furnish all the
materials as listed as mentioned under clause 2 – List of
Materials of the agreement dated 02.12.2016 was entered
into between 1st and 2nd defendant and 3rd defendant. Only
subject to this condition, the plaintiff and 3rd defendant will
provide the rights of Theatrical exploitation of the Hindi
dubbed version of the said film to the 1st and 2nd defendant.
The plaintiff and 3rd defendant has agreed to make
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a payment of Rs.8,00,000/- (Rupees Eight Lakhs only) as per
agreement dated 03.12.2016 out of which the amount of
Rs.5,00,000/- (Rupees Five Lakhs Only) will be deducted by
the plaintiff and 3rd defendant towards the charge of rights of
Theatrical exploitation of the Hindi dubbed version. The
remaining amount of Rs.3,00,000/- (Rupees Three Lakhs
only) will be paid by the plaintiff and 3rd defendant at the
time of delivering the rights to the 1st and 2nd defendant. And
the same shall be delivered one week prior to the release of
the said film.
That the defendants hereby agreed and confirming
that the aggression of the agreement dated 03.12.2016
entered into between the plaintiff and 3rd defendant will be
irrevocable and the said agreement dated 03.12.2016 shall
remain in full force and effect.
The parties undertake not to dispute the terms of
this compromise memo before any forum and the agreement
constitutes the entire agreement between the parties and
supersedes and extinguishes all previous agreements,
promises, assurances, warranties and representations.
This agreement shall be in full and final settlement,
and thus the parties jointly pray that this Hon'ble Tribunal be
pleased to dispose the suit after recording the terms of this
agreement, with liberty to revive the suit in the event of any
of the act being breached.
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The parties shall bear their respective costs.
Dated at Chennai on this the 4th day of November 2019.
sd/-
Plaintiff Defendants
Counsel for Plaintiff Counsel for the defendants
3.In view of the same, the suit is decreed as against the 2nd and
3rd defendants. No order as to costs. Consequently, connected original
application is closed. The Joint Compromise Memo shall form part of the
decree. The decree is to be drafted with respect to the 2nd and 3rd
defendants.
19.03.2021
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Internet : Yes / No
Index : Yes / No
Speaking Order : Yes / No
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C.V.KARTHIKEYAN,J.
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