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2021 Supreme(Mad) 2263

Aarur Tamilnadan – Appellant
Versus
S. Shankar, Film Director, Chennai – Respondent


Advocate Appeared:
For the Appellant :G. Vairava Subramanian, for M/s. P.T. Perumal, Advocate.
For the Respondents:Arun C. Mohan, M/s. D. Saikumaran, Advocates, T.R. Rajagopalan, M/s. B.K. Girish Neelakandan, J. Ravindran, V. Dinesh Raja, Advocates.

JUDGMENT :

(Prayer: Petition filed under Order XIV Rule 8 of the Original Side Rules, read with Order I Rule 10(2) of the Code of Civil Procedure, praying to implead the proposed defendants in the above suit namely Mr.Kalanithi Maran, Director, Sun TV Network Limited No.4, Norton Street, Mandaveli, Chennai 600 028 as the fourth defendant and Sun TV Network Limited, Rep by its Directors, Murasoli Maran Towers, 73, MRC Nagar Main Road, MRC Nagar, Chennai 600 028 as the fifth defendant.)

1. This application has been taken out by the plaintiff in CS No.914 of 2010 seeking to implead respondents 4 and 5 herein, as defendants 4 and 5 in the said suit.

2. The Original Suit has been filed by the applicant herein seeking (i) declaration that the plaintiff is the author and first owner of the copyright of the story ‘Enthiran’ on the contention that it is a pirated version of his original story ‘Jugiba’ which was published in April 1996; (ii) for declaring that the film ‘Enthiran’ is the infringing copy of the plaintiff’s story ‘Jugiba’; (iii) for damages of Rupees One Crore; (iv) for an injunction restraining the respondents from distributing, screening and exhibiting the infringing copy of the

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