N.Sairam v. C.H.Vamsy Krishna Srinivas, Madras High Court, Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Case Number

CS.435/2017

Disposition

dismissed

Judges

Hon'ble Mr.Justice C.V. Karthikeyan

Acts

Sections 51 and 61 of the Copy Right Act, 1957,
Section 2 (1) (c) (xvii) of the Commercial Courts Act, 2015.
provisions of the Copy Right Act, 1957

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N.Sairam v. C.H.Vamsy Krishna Srinivas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

C.S.No. 435 of 2017 (A)

N. Sairam ... Plaintiff

Vs.

1. C.H. Vamay Krishna Srinivas, Proprietor of M/s. SVK Cinema, Flat No.101, Satya Mandir, Film Nagar, Jubilee Hills, Hyderabad,

Telangana State,

Permanent residing at No.9-7, 40/7/2, Lakshmi Nagar,

Sivajipalem, Visakhapatnam - 530 017.

2. Kaushal Kishore, Proprietor of M/s. Professional Creations, No.1-B, Dhananjay Chambers,

Yousuf Guda Main Road,

Ameerpet, Hyderabad,

Telangana State.

3. R.P. Bala Proprietor of M/s. R.P. Films No.5/3, Kamaraj Street, Gandhi Nagar, Saligramam, Chennai - 6000 093.

4. M/s. Real Image Technology (P) Ltd., Represented by its Director, No. 42, Dr. Ranga Road, Mylapore, Chennai - 600 004.https://www.mhc.tn.gov.in/judis/

5. The President, M/s. Film & Television Producers, Guild of South of India No.B1, Rams Flat,

No. 19, Jagatheswaran Street, T.Nagar, Chennai - 600 017. ... Defendants

Prayer:

Civil Suit is filed under Order IV Rule V of Original Side Rules r/w Order VII Rule 1 of CPC r/w Section 51 and 61 of the Copy Right Act, 1957

(a) Granting a permanent injunction restraining the 3rd defendant or anyone claiming under him from attempting to dub the Telegu film "RA RA Krishnayya" into Tamil as per the purported agreement dated 26.10.2016 of the 3rd defendant claiming to have received the rights to dub in Tamil from the 1st defendant.

(b) Granting such further or other reliefs.

(c) Granting exemplary costs against the 3rd defendant who has been attempting to infringe the copyright of the plaintiff to dub Telugu film in question in Tamil.

For Plaintiff : No Appearance

For Defendant : No Appearance

-----

https://www.mhc.tn.gov.in/judis/

J U D G M E N T

The suit had been filed under Sections 51 and 61 of the Copy Right Act, 1957, seeking a permanent injunction restraining the 3rd defendant from attempting to dub the Telegu film "RA RA Krishnayya" in Tamil and other consequential reliefs.

2. Since the plaintiff has invoked the provisions of the Copy Right Act, 1957 and there is an assertion of an intellectual property right, the list can be categorized as a Commercial Dispute and the Commercial Division of this Court will have necessary jurisdiction to adjudicate the issues raised under Section 2 (1) (c) (xvii) of the Commercial Courts Act, 2015.

3. A perusal of the records reveal that originally on 14.06.2017 an order of interim injunction was granted till 06.07.2017. Thereafter, on 24.08.2017 a learned single Judge of this Court had noted that the plaintiff was not interested in pursuing the relief sought and had dismissed the application for non prosecution.

4. There has been no representation for the plaintiff and the name and address of the plaintiff was directed to be printed in the cause list. It has been printed. https://www.mhc.tn.gov.in/judis/

5. The plaintiff was also directed to file an affidavit whether the cause of action still survives. Such an affidavit has also not been filed.

6. In view of the above reasons, the Civil Suit is dismissed for non prosecution. No order as to costs.

17.03.2021

Index:Yes/No Web:Yes/No Speaking order : Yes / No msm

https://www.mhc.tn.gov.in/judis/

C.V.KARTHIKEYAN, J.

msm

C.S.No. 435 of 2017 (A)

17.03.2021

https://www.mhc.tn.gov.in/judis/

N.Sairam v. C.H.Vamsy Krishna Srinivas

N.Sairam v. C.H.Vamsy Krishna Srinivas

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