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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY
Firoz A Nadiadwala – Appellant
Versus
Seven Arts International Limited International Limited – Respondent
ORDER :
Senthilkumar Ramamoorthy, J.
This application was earlier heard on 20.04.2026 and orders were dictated in Court. Before the order was finalised and signed, at the end of day, learned counsel for the applicant mentioned the matter on the ground that a material fact had not been disclosed by the plaintiff.
Therefore, the matter is listed today under the caption “for being mentioned”. Additional arguments were made today and this order is being issued upon taking note of arguments advanced on both days. 2. The suit was instituted for remedies in respect of the alleged infringement of the plaintiff’s copyright in relation to all derivative works based on the Malayalam films RAMJI RAO SPEAKING and MANNAR MATHAI SPEAKING.
3. The defendant has applied for rejection of plaint on the ground of non-disclosure of cause of action.
4. The contentions of learned counsel for the applicant/defendant may be summarised as under:
4.1 The plaintiff refers to the production of the sequel of RAMJI RAO SPEAKING in the year 1995 at paragraph No.4 of the plaint. Thereafter, paragraph No.5 refers to the assignment agreement dated 12.05.2022 with no explanation for intervening events;
4.2 The plaint also r
Rejection of plaint under Order VII Rule 11 CPC determined by assuming averments true; court cannot adjudicate assignment validity, limitation with continuing cause, or agency termination on principa....
Ownership of copyright, validity of assignment agreements, and entitlement to relief of declaration and damages under the Copyright Act, 1957.
The assignment of copyright by an author remains valid unless explicitly revoked in accordance with statutory requirements; acquiescence does not bar copyright claims when infringement is ongoing.
The main legal point established in the judgment is the requirement for a plaintiff to prove their right to copyright ownership and exploitation rights, as well as the necessity to comply with the pr....
The central legal point established in the judgment is that a plaintiff must have a cause of action to institute a suit, and if the plaintiff has assigned all rights related to the subject matter of ....
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