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2023 Supreme(Mad) 1862

S. SOUNTHAR
Aarur Tamilnadan – Appellant
Versus
S. Sankar – Respondent


Advocates appeared:
For the Plaintiff:G. Vairava Subramanian, for M/s. P.T. Perumal, Advocates. For the Respondents:D1, Arun C. Mohan for M/s. D. Saikumaran, D2, AL. Somayaji, (Sr. Advocate) for M/s. Sneha, D3, M/s. B.K. Girish Neelakandan, Advocates.

JUDGMENT

(Prayer: Civil Suit is filed under Order VII Rule 1 CPC r/w Order IV Rule 1 of the Original Side Rules, 1956, r/w Sections 55 and 62 of the Copyrights Act, praying to,

(a) Declaration that the plaintiff is the author and first owner of the copy right of the story “Enthiran” which was stolen/pirated from the original story “Jugiba” written and got published in April 1996;

(b) Declaring that the film “Enthiran” is the infringing copy of the plaintiff''s story “Jugiba”;

(c) Order directing the defendants to pay a sum of Rs.1,00,00,000/- to the plaintiff, as damages;

(d) Permanent injunction restraining the defendants, their men, agents, successors in business, legal representatives, assigns or any person claiming through them from distributing, screening and exhibiting the infringing copy namely the “Enthiran” film in any cinema hall, electronic media, open air theatre, auditorium in any exhibiting device;

(e) A Preliminary decree in favour of the plaintiff directing the defendants to render account of the profit made by the infringing copy namely “Enthiran” to the plaintiff and a final decree in f

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