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Madras High CourtCS/891/2018withdrawn dismissed

C.P.Sunil Raj v. M/S.Common Man Presents

2018-12-28Honourable Ms. Justice P.T. Asha4 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2018 CORAM :

THE HON'BLE MS. JUSTICE P.T.ASHA C.S.No.891 of 2018 and O.A.No.1222 of 2018 C.P.Sunil Raj, Proprietor, Rep. by M/s.Mishri Movies, 21/9, Cenetoph Road, Second lane, Alwarpet, Chennai - 600 018.

...

Plaintiff Vs.

1.M/s.Common Man Presents, Rep. By its Managing Partner, Mr.B.Ganesh, Having office at No.34/24, Rajendran Street, Thiru Nagar, Valasaravakkam, Chennai - 600 087.

2.M/s.Sri Dhanalakshmi Pictures, Having office at No.1, Mathiyalagan Nagar, Saligramam, Chennai - 600 093.

...

Defendants Prayer : Civil Suit filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of C.P.C. and Sections 55 and 62 of Copyright Act, 1955, praying 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 "Ayngaran",

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 chips, pendrives, etc), cable TV rights, HITS (Headend in the sky) rights, OTT devices, rights surface transport rights, Sea-Borne, RailBorne, Air-Borne exhibition 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 languages, all types of mobile rights, telecom rights, all ringtones rights, clips rights, songs rights, all types of music rights (including publishing, sale, licensing, sublicensing, sub-titling in all languages and overall commercial exploitation of music CDs, Cassettes, hard discs, Microchips, etc), mechanical synchronization 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 communication 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 film and to award the costs of the suit.

For Plaintiff : Mr.Kumarpal R.

J U D G M E N T

When the matter was called, learned counsel for the

plaintiff/applicant requested permission of this Court to withdraw the suit as well as original application and made an endorsement to that effect.

2.The Typed Set of Papers, which has been filed today by the learned counsel for the plaintiff is returned to him at his request.

3. In view of the endorsement made by the learned counsel for the plaintiff/applicant, the suit and original application are dismissed as withdrawn. However, there shall be no order as to costs.

28.12.2018 msv/mkn Index : Yes / No Internet : Yes / No Speaking order / Nonspeaking order

P.T.ASHA, J.

msv/mkn C.S.No.891 of 2018 and O.A.No.1222 of 2018 28.12.2018