Madras High Court
M/S.O.K.Films vs M/S.B.V.Combines on 12 July, 2019
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.07.2019
Coram
The Honourable Mr.Justice KRISHNAN RAMASAMY
C.S.No.955 of 2007
and O.A.No.1205 of 2007
M/s.O.K.Films,
Rep. by its Sole Proprietor,
Mr.R.V.Mani,
No.829, Mount Road,
Airlines Building,
Chennai – 600 002.
...Plaintiff
Versus
1.M/s.B.V.Combines,
Rep. by its Power of Attorney Holder,
Mr.S.A.Chandrasekaran,
No.64, Kaveri Street,
Saligramam,
Chennai – 600 093.
2.M/s.Mani Raja Pictures,
Rep. by its Proprietor,
K.Subramanian,
No.12, Narasingapuram Street,
Chennai – 600 002.
3.M/s.Gemini Colour Laboratory,
No.2, Vembuliamman Koil Street,
Virugambakkam,
Chennai – 600 092.
4.M/s.Santosh Video Vision,
No.3, 4th Lane, Bhavani Mansion,
Nungabakkam, Chennai – 600 034.
...Defendants
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(Amendment carried out as per Order dated 12.08.2010 in
Application Nos.927 & 928 of 2008 by impleading the fourth
defendant)
This suit is filed under Order IV Rule 1 of the Original Side
Rules r/w. Order VII Rule 1 of C.P.C & r/w. Sections 55 & 62 of the
Indian Copies Right, 1957 for the following reliefs:
(a) For a declaration declaring that the plaintiff is the absolute
world negative right and copyright owner of the Tamil Talkie picture
“CHENDURA PANDI” starring Vijayakanth, Vijay, Gauthami including
the world satellite right as contemplated under the agreement dated
03.07.2003;
(b) For a permanent injunction restraining the 1st & 2nd
defendants from in any manner infringing with the absolute world
negative right and copyright including the world satellite right of the
Tamil Talkie picture “CHENDURA PANDI” starring Vijayakanth, Vijay,
Gauthami owned by the plaintiff in pursuance of the agreement
dated 03.07.2003 consequently, restraining the third defendant
form in any manner releasing or delivering the U-
Matic/Beta/cassettes/prints for the purpose of telecasting the above
said film “CHENDURA PANDI” in the satellite media to the 1 st & 2nd
defendants or any third parties claiming under them without the
knowledge of the plaintiff; and
(c) For the cost of the suit.
For Plaintiff : Mr.P.Neethi Kumar
for M/s.Waraon & Sai Rams
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JUDGMENT
The learned counsel for plaintiff submitted that he is not pressing the suit since the proprietor who represented the plaintiff Firm has passed away. He therefore prayed for the dismissal of the suit and has also made an endorsement to that effect.
2. In view of the submission coupled with an endorsement made by the plaintiff's counsel, this Civil Suit is dismissed as not pressed. No costs. Consequently, connected Application is closed.
12.07.2019 mrr Index : Yes/No http://www.judis.nic.in 4 KRISHNAN RAMASAMY, J., mrr C.S.No.955 of 2007 12.07.2019 http://www.judis.nic.in 5 http://www.judis.nic.in