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2010 Supreme(Mad) 1945

M.SATHYANARAYANAN, D.MURUGESAN
Jak Communications Pvt. Ltd. Avadi & Another – Appellant
Versus
Sun TV Network Limited rep. by its Manager (Programming) L. Jotheeswaran, & Another – Respondent


Advocates appeared:
For The Appellants :R. Krishnamoorthy, S.C. for V. Ayyathurai, R. Muthukumarasamy S.C for V. Ayyathurai, Advocates. For The Respondents:P.S. Raman, S.C Assisted by J. Ravindran, Vijay Narayan, S.C. for B.K. Girish Neelakandan, Advocates.

Judgment :-

D.MURUGESAN, J.

1. The controversy arising in these appeals is as to whether this Court is having jurisdiction to entertain a suit in respect of dispute/disputes relating to the infringement of copyright and piracy in the wake of Section 15 of the Telecom Regulatory Authority of India Act, 1997, which bars the civil Court to entertain any suit or proceeding in respect of any matter which the Appellate Tribunal constituted under Section 14 of the Act would be empowered to determine.

2. The following are the few facts that are necessary for the disposal of these appeals. For convenience, the parties are referred to as arrayed in the civil suits.

3. The pleadings in C.S.No.963 of 2009 are as follows. M/s Sun TV Network Limited (hereinafter referred to as “the first plaintiff”) is a leading Television Network in South India. Sun TV is one of its channels and is the number one channel in Tamil Nadu when it comes to viewership. The first plaintiff also runs other channels in Tamil, namely, K.TV, Sun Music, Sun News, etc. The first plaintiff had devised the system of uplinking various programmes to satellite and facilitate the downloading of such programmes by authorized Mu



































































































































































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