Madras High Court
M/S.Phonographic Performance Limited vs Hotel Sangam on 7 November, 2019
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.1030 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.11.2019
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.1030 of 2010 &
O.A.No.1311 of 2010
M/s.Phonographic Performance Limited,
Rep. by its Authorized Signatory
Mr.Rajesh Rajan,
Gokul Tower, Door #5,
Ground Floor,
No.9/10, C.P.Ramaswamy Road,
Alwarpet, Chennai – 600 018. ... Plaintiff
Vs
1. Hotel Sangam,
Alagar Koil Road,
Madurai – 625 002
2. Hotel Sangam,
Collector's Office Road,
Thiruchirapalli – 620 001.
3. Hotel Sangam,
Trichy Road,
Thanjavur – 613 007.
4. Bella Ciao,
No.4, Sree Krishna Enclave,
Kottivakkam, Chennai – 600 041.
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http://www.judis.nic.in
C.S.No.1030 of 2010
5. Zen Garden Hotel,
No.86, Block No.5, Mount Road,
Opposite to Guindy Railway Station Fly Over,
Guindy, Chennai – 00 032.
6. Ramyas Hotels (P) Ltd.,
No.13- D/2, Williams Road,
Thiruchirapalli – 620 001.
7. Country Inn & Suites,
No.3, Gandhi Irwin Road,
Egmore, Chennai – 600 008.
8. Heritage Inn,
No.73, Sivasamy Road,
Ram Nagar, Chenai – 600 008.
9. Alankar Grande,
No.10, Sivasamy Road,
Ram Nagar, Coimbatore – 641 009.
10. Rathna Residency,
No.355, Variety Hall Road,
Coimbatore – 641 001.
11. M/s. Sony Music Entertainment India Pvt. Ltd.,
92, Plain Avenue, Santa Cruz,
Mumbai – 400 054.
[11th defendant impleaded as per Order
dated 28.03.2017 in appn. No.903 of 2017] ... Defendants
Civil Suit filed under sections 55 and 62 of Copyright Act, 1957 read with
Order IV Rule 1 of O.S. Rules & Order VII Rule 1 CPC for the following judgment
and decree :
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C.S.No.1030 of 2010
a. Declare that the communiation to public by the defendants of the
sound recordings works of plaintiff's members by playing the cassettes or CDs or
audio – Visuals containing the sound recordings in their events and shows
organized by them on or around 31st December 2010/1st January 2011 and/or
any/all future events without obtaining a prior license from the plaintiff, is illegal
and unauthorized and is in infringement of the plaintiff's Copyright.
b. That the defendants by themselves, heir servants, and agents be
restrained by an Order of permanent injunction from in any manner of
communicating to Public any of the second recordings of the members of the
plaintiffs by playing the Music Cassetes or Compact Discs or any other mode of
recording or audio-visuals containing sound recordings by any means of diffusion
which infringes the plaintiff's copyright in the scheduled event to be held on or
around the 31st December 2010/1st January 2011 and/or any/all future events
thereon.
c. For costs.
For Plaintiff : Mr.C.P. Then Kumar
For defendants : No appearance for D1, D2, D3, D6 & D9
D4, D5, D7 & D8 withdrawn on 21.08.19
D-10 Set exparte on 29.07.2019
D-11 Set exparte on 30.08.2019
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C.S.No.1030 of 2010
JUDGMENT
When the matter was taken up today, the learned counsel for the plaintiff filed a memo seeking permission of this Court to withdraw this suit and also made an endorsement to that effect.
2. In view of the memo filed of the learned counsel for the plaintiff, this suit is dismissed as withdrawn. Consequently, the connected application is closed. No cost.
07.11.2019
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Index : Yes/No
Internet : Yes/No
Speaking/Non-Speaking Order 4/5 http://www.judis.nic.in C.S.No.1030 of 2010 N.SATHISH KUMAR, J.
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