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2021 Supreme(Mad) 2289

S. J. Suryah – Appellant
Versus
S. S. Chakravarthy – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.R.L. Sundaresan, Roshan Balasubramanian.
For the Respondents: Abdul Hameed P.S. Raman, Sanjay Ramaswami.

JUDGMENT :

SANJIB BANERJEE, J.

Prayer: Appeal filed against the Fair and Decretal Order of this Court dated 09.02.2021 in O.A. No. 521 of 2020 in C.S. (Comm. Div.) No. 282 of 2020.

1. This appeal is directed against a judgment and order of February 09, 2021 passed on a perceived copyright infringement action. By the impugned order, the trial court willy-nilly found that no prima-facie case has been made out for the issue of any injunction.

2. The essential facts appear to be admitted. There is no dispute that the first respondent herein produced a film by name “Vaalee” which was directed by the plaintiff-appellant. According to the appellant, credit for the story, screenplay and dialogue pertaining to film “Vaalee” was also given to the appellant.

3. The appellant suggests that irrelevant considerations were taken into account in holding that no prima-facie case had been made out by the appellant, despite it being the admitted position that the appellant had been credited with the story as the author of the story and the appellant admittedly being the director of the film. In particular, the appellant says that merely because the appellant could not produce the written agreement with th

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