IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2021

CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

O.S.A.NO.138 OF 2021

S.J.Suryah (a.k.a. S.Justin Selvaraj)

... Appellant

.Vs.

1. S.S.Chakravarthy

2. Fakrudeen Ali (a.k. Raahul)

... Respondents

PRAYER:-

Appeal filed against the Fair and Decretal Order of this

Court dated 09.02.2021 in O.A.No.521 of 2020 in C.S.(Comm.Div.)

No.282 of 2020.

PRAYER IN O.A.NO.521 OF 2020:-

This Application filed under XIV Rule 8 of O.S. Rules r/w.

Order XXXIX rules 1 & 2 C.P.C. to pass an order of Interim

Injunction restraining the Respondents, and their men, servants,

agents assigns, transferees, and representatives in interest or

any other person from in any manner making use of or dealing

with the “re-make” rights for the movie 'Vaalee' and pass such

further or other orders as this Honourable Court may deem fit

and proper and thereby render justice.

PRAYER IN C.S.(COMM.DIV.) NO.282 OF 2020:-

Plaint filed under Order VII Rule 1 of C.P.C. r/w order IV

Rule 1 O.S. Rules pleased to pass a Judgment and Decree against

the Defendants for the following reliefs:-

a) A Declaration that the Plaintiff is the author of the

story, screenplay and dialogue for the Tamil Language film

“Vaalee” and that all the re-make rights for the movie in all

languages vest exclusively in the Plaintiff.

b) A declaration that any agreement/contract between the

Defendants pertaining to the re-make rights of the Tamil

https://hcservices.ecourts.gov.in/hcservices/

language film “Vaalee” is an infringement of the Plaintiff's

copyright and consequently null and void and confers no rights

of any kind whatsoever upon the Defendants.

c) A permanent injunction restraining the Defendants and

their men, servants, agents assigns, transferees, and

representatives in interest from in any manner whatsoever

dealing with or making use of the “re-make” rights of the Tamil

Language film “Vaalee” in any language or medium whatsoever.

For the Appellant

:

Mr.AR.L.Sundaresan

Standing Counsel

For Mr.Roshan Balasubramanian

For the Respondents :

Mr.Abdul Hameed

For AAV Partners

For respondent-1

Mr.P.S.Raman

Standing Counsel

For Mr.Sanjay Ramaswami

For Respondent – 2

J U D G M E N T

(Delivered by the Hon'ble Chief Justice)

This appeal is directed against a judgment and order of

February 09, 2021 passed on a perceived copyright infringement

action. By the impugned order, the trial court willy-nilly found

that no prima facie case has been made out for the issue of any

injunction.

2. The essential facts appear to be admitted. There is no

dispute that the first respondent herein produced a film by name

“Vaalee” which was directed by the plaintiff-appellant.

According to the appellant, credit for the story, screenplay and

dialogue pertaining to film “Vaalee” was also given to the

appellant.

3. The appellant suggests that irrelevant considerations

were taken into account in holding that no prima facie case had

been made out by the appellant, despite it being the admitted

position that the appellant had been credited with the story as

the author of the story and the appellant admittedly being the

director of the film. In particular, the appellant says that

merely because the appellant could not produce the written

agreement with the first respondent herein regarding the

appellant having been appointed as the director of the relevant

https://hcservices.ecourts.gov.in/hcservices/

film, the trial court refused to accept the case as made out

that the appellant was entitled to exclusively exploit the

appellant's copyright in the story, screenplay and dialogue and,

to such extent, the rights conferred by the first respondent to

the second respondent herein under the so-called remake

agreement dated July 09, 2020 were in excess of the rights

available to