2023 Supreme(Online)(Mad) 95843
MADRAS HIGH COURT
M/S.SUN TV NETWORK LTD., – Appellant
Versus
M/S.GOPIKRISHNA MOVIES PVT LTD – Respondent
CS 976 2010
C.S.No.976 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON
: 09.03.2023
PRONOUNCED ON
: 13.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.S.No.976 of 2010
M/s.Sun TV Network Limited,
Rep. by its Authorized Signatory,
Mr.M. Jyothi Basu,
Having office at Murasoli Maran Towers,
No.73, MRC Nagar Main Road,
MRC Nagar, Chennai – 600028.
... Plaintiff
(Amended as per order dated 26.04.2022
in Application No.1849 of 2022)
vs
1.M/S.GOPIKRISHNA MOVIES PVT. LTD.,
Rep. by its Director,
Mr.U.V.V.S.R. Prabodh,
No.100/A, MLA Colony,
Road No. 12, Banjara Hills,
Hyderabad – 500 034.
2.Mr.U.V.V.S.R.PRABODH,
Producer/Director,
No.100/A, MLA Colony,
Road No.12, Banjara Hills,
Hyderabad – 500 034.
1/10
https://www.mhc.tn.gov.in/judis
C.S.No.976 of 2010
3.M/S.SHALIMAR VIDEOS,
5-1-755, Bank Street,
Koti,
Hyderabad – 40.
4.RAMANAIDU COLOUR LABORATORIES,
Door No.8-2-293/82/J 111/6,
Ramanaidu Studios, Jubliee Hills,
Hyderabad – 500 033.
... Defendants
Prayer: Civil Suit is filed under Section 55 and 62 of the Copy Right Act,
1957 and Order IV Rule 1 of the Original Side Rules, 1956 read with Order
VII Rule 1 of the Civil Procedure Code, praying to,
(i) for a declaration declaring that the plaintiff is the exclusive copy
right holder of the cinematography film “BILLA” (Telugu Colour) starring
Prabhas, Krishnam Raju, Anushka and others directed by Mr. Mehar Ramesh
and produced by Mr. U.V.V.S.R. Prabodh inclusive of the rights of Satellite
Television Broadcast, Direct to Home Broadcast, Direct Satellite Service,
Terrestrial Television Broadcast and all other rights connected therewith
including exhibition of the film by means of wireless diffusion and by wire for
communication to the public through Television Broadcast for the entire world
as assigned in the agreement dated 02.04.2009.
(ii) for a permanent injunction restraining the defendants, their men,
agents, assignees or any other person or persons claiming through them from
in any manner infringing the plaintiff's copy rights in the cinematography film
“BILLA” (Telugu Colour) starring Prabhas, Krishnam Raju, Anushka and
others directed by Mr. Mehar Ramesh and produced by Mr. U.V.V.S.R.
2/10
https://www.mhc.tn.gov.in/judis
C.S.No.976 of 2010
Prabodh inclusive of the rights of Satellite Television Broadcast, Direct to
Home Broadcast, Direct Satellite Service, Terrestrial Television Broadcast CD,
DVD and all other rights connected therewith including exhibition of the film
by means of wireless diffusion and by wire for communication to the public
through Television Broadcast CD, DVD for the entire world as assigned in the
agreement dated 02.04.2009.
(iii) Award damages of Rs.25,00,100/-
(iv) Directing the defendants to pay cost;
(v) Grant such other relief or relief's as this Court may deem fit and
proper in the circumstances of the case and thus render justice.
For Plaintiff
: Mr.M.Narendran
for M/s.King and Partridge
J U D G E M E N T
This Civil Suit has been filed with the following prayers:-
(i) for a declaration declaring that the plaintiff is the exclusive copy
right holder of the cinematography film “BILLA” (Telugu Colour)
starring Prabhas, Krishnam Raju, Anushka and others directed by
Mr. Mehar Ramesh and produced by Mr. U.V.V.S.R. Prabodh
inclusive of the rights of Satellite Television Broadcast, Direct to
Home Broadcast, Direct Satellite Service, Terrestrial Television
3/10
https://www.mhc.tn.gov.in/judis
C.S.No.976 of 2010
Broadcast and all other rights connected therewith including
exhibition of the film by means of wireless diffusion and by wire for
communication to the public through Television Broadcast for the
entire world as assigned in the agreement dated 02.04.2009.
(ii) for a permanent injunction restraining the defendants, their men,
agents, assignees or any other person or persons claiming through
them from in any manner