Madras High Court
M/S.Sun Tv Network Ltd vs M/S.Gokann International Media ... on 15 October, 2019
Equivalent citations: AIRONLINE 2019 MAD 1808
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.546 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.10.2019
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.546 of 2019 &
O.A.No.850 of 2019
M/s.Sun TV Network Ltd.,
Rep. by its Authorised Signatory,
Mr.M.Jyothi Basu,
Murasoli Maran Towards,
73 MRC Nagar Main Road,
MRC Nagar, Chennai – 600 028. ... Plaintiff
Vs
M/s.Gokann International Media Limited,
Rep. by its Director,
No.5, 15th Cross Street, Chowdry Nagar,
Valasaravakkam, Chennai – 600 087. ... Defendant
Civil Suit filed under Order IV Rule 1 of the High Court Original Side Rules
read with Section 2(1) (c) XVII Read with 1st Proviso of Section 7 of Commercial
Courts, Commercial Division and Commercial Appellate Division of High Courts
Act, 2015 (Act 4 of 2016) read with Section 55 & 62 of the Copy Rights Act &
Order VII Rule 1 of CPC for the following decree and judgment :
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C.S.No.546 of 2019
[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' movie 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,
telephone, 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/dimensions of the
film or any other formats/dimensions which may be in existence now or invented
in future or through or 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 including all channels of doordarshan, in 7s
Music (A unit of M/s.Gokann International Media Limited) or any other T.V.
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C.S.No.546 of 2019
Channel owned and run by the defendant.
[b] Direct the defendant to render true and proper accounts of profit in
respect of its infringing, telecasting and exploiting of the said schedule “A” movie
since August, 2019.
[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.
[d] To pay cost to the plaintiff
For Plaintiff : Ms.Sneha
For defendants : Mr.L.Sharad N Kumar
JUDGMENT
When the matter was taken up today, the learned counsel for the defendant submitted that they have already given an undertaking to the plaintiff to the effect that they will not hereafter telecast the movies stated in the plaint in the satellite.
2. The learned counsel for the plaintiff submitted that such statement of the learned counsel for the defendant may be recorded and the suit may 3/5 http://www.judis.nic.in C.S.No.546 of 2019 decreed in respect of prayer 'A' and with regard to other reliefs, he is not pressing the same.
3. Since, the defendant themselves have made an admission, the suit itself can be disposed of based on the admission made by the defendant as contemplated under Order XII Rule 6 of Code of Civil Procedure.
4. Accordingly, the suit is decreed in respect of prayer 'A'. Considering the nature of the suit, with respect to other reliefs, the suit is dismissed. No cost. Consequently, the connected application is closed.
15.10.2019
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Index : Yes/No
Internet : Yes/No
Speaking/Non-Speaking Order
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C.S.No.546 of 2019
N.SATHISH KUMAR, J.
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15.10.2019
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