O R D E R

This Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 1971 by the plaintiff in C.S.No.69 of 2021 claiming that the respondent had violated the order of this Court, dated 01.03.2021 in O.A.No.110 of 2021 in C.S.No.69 of 2021 and that therefore the respondent should be punished for, according to the petitioner, willful violation of the said order.

2. The petitioner/M/s.Sun TV Network Limited had filed C.S(Commercial Division).No.69 of 2021 against Amazon.com., the 1st defendant and against M/s.A.P.International, the 2nd defendant who had been impleaded after the institution of the suit, seeking permanent injunction restraining the 1st defendant from exhibiting or exploiting the movies mentioned in 'A' Schedule through any form and for direction to render accounts and for damages of Rs.30 lakhs and for costs of the suit.

3. About 28 movies were given in the schedule to the plaint. These included 17 movies in Tamil, 3 movies in Telugu and 8 movies in Malayalam.

4. Along with the suit, the plaintiff had also filed O.A.No.110 of 2021 seeking ad-interim injunction restraining the 1st defendant from exhibiting the movies stated in schedule 'A' to the plaint, pending disposal of the suit.

5. After hearing the learned counsel for the plaintiff, by order dated

01.02.2021, this Court had observed as follows:

“7.Having heard the learned counsel for the plaintiff I hold that the plaintiff has made out a prima facie case, particularly with respect to assignment of copyright from the producers. It is germane to point out that the producer shall be the first copyright owner of a cinematography film and the plaintiff had acquired the rights from such competent person. Naturally, they expect they can exploit the rights without any infringement. The act of the defendant in refusing to receive a notice issued by the counsel raises questions which the defendant will have to answer. Filing an undertaking and violating the same is also a factor which swing the balance in favour of the plaintiff and certainly the balance of convenience is in favour of the plaintiff. Plaintiff would also to be put to much loss and hardship, if the defendant were to continue to exploit the moves or to exhibit the movies in their platforms. Defendant cannot plead ignorance and should have made necessary enquiries before exhibiting the movies.

8.In view of these facts, there shall be an Order of Interim Injunction as prayed for till 15.03.2021.

9.Notice through Court and also privately returnable by 15.03.2021.

10.Stipulations under Order 39 Rule 3a of CPC shall be complied with and necessary affidavit shall be filed on or before 03.03.2021.”

6. The 1st defendant/Amazon.com entered appearance and a Memo was filed which was as follows:

“MEMO FILED ON BEHALF OF THE DEFENDANT It is most humbly submitted as follows:

That the present defendant confirms having complied with the order passed by this Hon'ble Court on 01st March 2021 pertaining to the 28 movies, complained of by the plaintiff in the instant proceeding.

It is therefore most humbly prayed that without prejudice to the claims, contentions and rights of the defendant, the defendant has proceeded to immediately comply with the order dated 01st March 2021 and prays that the same may be recorded by this Hon'ble Court.

Dated at Chennai on this the 09th day of March

2021.

s/d....................

COUNSEL FOR DEFENDANT”

7. The 1st defendant had also filed Counter Affidavit and also the written statement.

8. By a further order dated 15.03.2021, this Court after extracting the Memo had stated as follows:

“2.It is clear that the grievances raised by the plaintiff has been addressed by the defendant. The cause of action therefore does not survive as on date. The plaintiff to get further instructions and act accordingly. The extension of interim order is only a formality, since the cause of action does not survive any more. At any rate it is extended till

24.03.2021.”

9. The petitioner's grievances were however