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2023 Supreme(Online)(KER) 13230

HIGH COURT OF KERALA
M.R.ANITHA, J
THAIKKUDAM BRIDGE,
– Appellant
Versus

HOMBALE FILMS,(DELETED) – Respondent


Advocates:
C.UNNIKRISHNAN (KOLLAM), ANANDA PADMANABHAN, UTHARA A.S, VIJAYKRISHNAN S. MENON, NIDHI BALACHANDRAN, VIVEK NAIR, P.M.UMA DEVI(K/591/1994), SANTHOSH MATHEW, ANOOP.V.NAIR, BENOY K.KADAVAN, Laya Mary Joseph, DINOOP P.D., VIJAY V. PAUL, AJAY BEN JOSE(K/729/2012), P.B.KRISHNAN(K/1193/1994), B.G.HARINDRANATH, ARUN THOMAS, KARTHIKA MARIA, ANIL SEBASTIAN, PULICKEL ABI, BENNY AREECKAL MATHEW, NEVIN THOMAS, KARTHIK RAJAGOPAL, KURIAN ANTONY MATHEW, E.ADITHYAN, MEENAKSHY S DEV, ROHAN MAMMEN ROY, LAYA GEORGE, SATISH MURTHI, AIVAN RAJ, SHERYL ELIZABATH SEBASTIAN, UTHARA.P.V, SHASHIRAJ RAO KOVOOR

JUDGMENT

Appellant is the plaintiff in O.S.No.14/2022 on the file of Principal District Court, Kozhikode. The suit was one for declaration that appellant/plaintiff is the original author and composer having absolute moral and legal rights and entitlements reserved to it under Copyright Act in the musical work and sound recording of navarasam and further that varaharoopam deployed and synchronized in the cinematographic film Kantara in Kannada and all other languages is an infringement of the musical work and sound recording of navarasam composed by the appellant/plaintiff and consequential injunction. (Parties would hereafter be referred as per their status before the trial court).

2. The District Judge, Kozhikode, as per the impugned order in I.A.No.11/2022 in O.S.No.14/2022 returned the plaint and other documents produced along with the suit for representation before the Commercial Court at Ernakulam. Aggrieved by the same, the present appeal has been filed.

3. Though the appeal has been filed against 14 respondents as per the order dated 12.01.2023 in I.A.No.01/2023, respondents 1 to 4 and 6 to 14 were deleted from the party array in the appeal, suit and all petitions except the

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