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2024 Supreme(Online)(Mad) 55716

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. VELMURUGAN
S.BHARANIDHARAN – Appellant
Versus
M/S VIJAY ANTONY FILM CORPORATION PRIVATE LIMITED – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.06.2024 CORAM THE HON'BLE MR. JUSTICE P.VELMURUGAN C.S.(Comm Div) No.187 of 2023 S.Bharanidharan ... Plaintiff Vs.

1. M/s.Vijay Antony Film Corporation Private Limited, Represented by its Director, Thiruvengadam Fatima Honey, No.38, Arcot Road, Vadapalani, Chennai -26.

2. Vijay Antony ... Defendants PRAYER:

The Plaint filed under Order VII Rule 1 of of C.P.C., and Order IV Rule 1 of OS Rules, 1956 read with Sections 51, 52, 55, 61 & 62 of the Copyright Act, 1957 and numbered as C.S.(Comm Div) No.187 of 2023, praying for judgment and decree against the defendants, as follows:

i. Permanent injunction restraining the first defendant or its agent oR any one claiming through the first defendant from releasing the film named as PICHAIKARAN-2 ( morefully described in the schedule) in Tamil language or in other name with same script in any language on 02.05.2023 or any other day through exhibiting the film in cinema theatre or OTT platform or electronic media or any other mode thereby infringing the copyright of the script named as “SPECIALIST” ii. Directing the first and second defendants to pay the plaintiff a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) with future interset fixed by this Court per anuum from the date of plaint till date of realization.

iii. direct the defendants to pay the Costs of the suit and iv. To pass any other relief the plaintiff is entitled to.

For Plaintiff : Mr.B.Manoharan For Defendants : Mr.Vijayan Subramanian * * * * *

J U D G M E N T

Though sufficient opportunity has been given to both the parties, and the defendants have filed the proof affidavit, written statement, affidavit of admission and denial and draft issues, today when the matter is taken up for hearing, the learned counsel for the plaintiff seeks further accommodation to file the proof affidavit. Hence, this Court of the view that the plaintiff is not interested in prosecuting the suit.

In view of the above, the suit is dismissed for default. No costs.

05.06.2024 mfa P.VELMURUGAN, J.

mfa

05.06.2024

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