Madras High Court
Ghanshyam Hemdev vs Narne Srinivasa Rao on 2 March, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
C.S.No.260 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No. 260 of 2020
and
O.A.No.478 of 2020
Ghanshyam Hemdev ... Plaintiff
Vs.
Narne Srinivasa Rao ... Defendant
Prayer:
Civil Suit is filed under Section 55, 62 & 63 of the Indian Copyright
Act, 1957 r/w Order IV Rule 1 O.S. Rules and Order VII Rule 1 of CPC.,
r/w Section 2(1)(C) (xvii) First proviso to Section 7 of the Commercial
Courts, Commercial Division and Commercial Appellate Division of High
Courts Act, 2015, (a) declaring that the plaintiff is the absolute owner of
copyrights in the plaint schedule cinematograph films and the two
assignment agreements dated 18.06.2013 do not confer any rights on the
defendant due to defendant's default in payment; (b) for permanent
injunction restraining the defendant, his men, agents, servants or persons
acting on his behalf or claiming through him from in any manner
infringing the plaintiff's copyrights in the cinematograph films described in
the schedule to this plaint and (c) a prelimimary decree be passed in favour
of the plaintiff directing the defendant to render true & faithful account of
https://www.mhc.tn.gov.in/judis/
C.S.No.260 of 2020
profits made by illegal exploitation of the copyrights in the plaint schedule
films and a final decree may be passed in favour of the plaintiff for the
amount or profits so ascertained.
For Plaintiff : Mr.K.Harishankar
For Defendants : M/s.R.Satish Kumar
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JUDGMENT
Mr.K.Harishankar, learned counsel for the plaintiff and Mr.R.Satish Kumar, learned counsel for the defendant are present before this Court.
2. It had been informed that the suit had been settled and the learned counsel for the plaintiff had made the following endorsement in the plaint:-
"The plaintiff has today received a Demand Draft for Rs.32 lakhs bearing No.919112, dated 01.03.2021 drawn on Union Bank, Film Nagar, Hyderabad. In view of the said payment, the plaintiff prays leave of this Hon'ble Court to withdraw the suit as settled out of Court."
https://www.mhc.tn.gov.in/judis/ C.S.No.260 of 2020
3. In view of the same, since the plaintiff had come to forward to tender a Demand Draft for Rs.32 lakhs (Rupees Thirty Two Lakhs Only) which is to the satisfaction of the plaintiff, the suit is dismissed as withdrawn as settled out of Court. No costs. Consequently, connected Application is closed.
02.03.2021 Index:Yes/No Web:Yes/No Speaking order : Yes / No msm https://www.mhc.tn.gov.in/judis/ C.S.No.260 of 2020 C.V.KARTHIKEYAN, J.
msm C.S.No. 260 of 2020 and O.A.No.478 of 2020 02.03.2021 https://www.mhc.tn.gov.in/judis/