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2021 Supreme(Mad) 2379

N.ANAND VENKATESH
Novex Communications Pvt. Ltd. , Rep. by its authorised Signatory S. Swaminathan – Appellant
Versus
DXC Technology Pvt. Ltd. , Rep. by Nachiket Suthankar, Managing Director-India, Bangalore – Respondent


Advocates Appeared:
For the Appellant :P.V. Balasubramaniam for BFS Legal, Vandhiyathevan Veera, Advocates.
For the Respondent:Premchander, N.C. Vishal, K. Harishankar Asst.by Aishwarya Nathan, Advocates.

JUDGMENT :

(Prayer in C.S.No.407 of 2020: Civil Suit has been filed under Order IV, Rule 1 of O.S.Rules R/W Order VII Rule 1 of the C.P.C., and under Sections 51, 55 and 62 of the Copyright Ac, 1957, praying to pass a judgment and decree for:-

    (a) that this Hon’ble Court be pleased to issue a judgment and decree of Mandatory Injunction restraining Defendant, its directors, their servants, employees, agents, assignees, licensees, representatives, and/or any person claiming through them or acting on their behalf, from publicity performing or in any manner communicating the sound recordings of the songs assigned and authorized to the Plaintiff or allowing their premises or any premises under their control to the Plaintiff or allowing their premises or any premises under their control to be used for the said purposes, without obtaining non-exclusive public performance rights in sound recordings from the Plaintiff, or otherwise infringing the copyright in any work owned and protected by the Plaintiff;

(b) that this Hon’ble Court be pleased to issue a judgment and decree of Mandatory Injunction directing the Defendant, to hand over all disks, Cds, laptops, mobile phones, SD cards, flash dri

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