IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.03.2017 CORAM THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.S.No.103 of 2017 O.A.Nos.148 to 150 of 2017 Irada Entertainment LLP No.13, First Floor, Ratnam Complex, Opp. Chandra Colony, Nr Lal Bungla Cg Road Ambawadi, Ahmedabad, Gujarat – 380 006, India.
... Plaintiff Vs
1. Bharat Sanchar Nigam Limited, Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi – 110 001.
2. Mahanagar Telephone Nigam Ltd, 5th Floor, Mahanagar Doorsanchar Sadan, 9, CGO Complex, Lodhi Road, New Delhi 110 003.
3. Bharti Airtel Limited, Bharti Crescent, 1, Nelson Madela Road, Vasant Kunj, Phase II, New Delhi – 110 070.
4. Aircel Cellular Limited
5. Hathway Cable & Datacom Limited
6. Sistema Shyam TeleServices Limited
7. Vodafone India Limited
8. Idea Cellular Limited
9. Reliance Communications Infrastructure Limited
10. Tata Docomo
11. Syscon Infoway Pvt. Ltd.
12. Telenor Communications Services Pvt. Ltd.
13. Tikona Digital Networks Private Limited
14. BG Broadband India Private Limited
15. Sify Technologies Limited
16. Beam Cable System (P) Ltd
17. You Broadband & Cable India Ltd
18. Asianet Satellite Communications
19. Data Infosys Limited
20. Readylink internet Services Limited
21. Opto Network Private Limited
22. Nettlinx Limited
23. City Online Services Limited
24. Pioneer eLabs Limited
25. AT&T Global Network Service India Pvt. Ltd.
26. Nextgen Communications Limited
27. Virgo Global Media Limited
28. Southern Online Bio Technologies Limited
29. MyNet Services India Private Limited
30. Reliance Jio Infocomm Ltd.
31. Limras Eronet Broadband Services Private Limited
32. RS Broadband Service India Private Limited
33. Spectra ISP Networks Pvt. Ltd.
34. Pulse Telesystems Private Limited
35. Essel Shyam Communications Ltd.
36. Five Network Solution (I) Ltd
37. Atria Convergence Technologies Private Limited
38. Thalainagar Digital Cables (P) Ltd
39. Cablecast New Media Pvt. Ltd.
40. C32 Cable Net Pvt. Ltd.
41. Team 5 Network
42. SND Satellite Vision,
43. Ashok Kumar
44. Ashok Kumar
45. Ashok Kumar
46. Ashok Kumar
47. Ashok Kumar
48. Ashok Kumar
49. Ashok Kumar
50. Ashok Kumar ... Defendants Plaint filed under Order VII Rule 1 of Civil Procedure Code, 1908 and Order IV Rule I of O.S. Rules, 1956 r/w. Sections 51, 52, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012, praying for judgment and decree on the following terms:
a) A permanent injunction restraining the defendants 1 to 37 and any other person or entity infringing the cinematographic film "Irada'' and said Word be directed to block all websites/ web pages including websites mentioned in Schedule - A hosting contents that relate to plaintiff's copyright protected cinematographic film ''Irada'' in any manner, thereby restraining the unauthorised copying, transmission, communication or make available or display of release or show or upload or download or exhibit or play and / or in any manner communicate in and/ or through their services immediate of receipt of details of such infringing websites/ webpages in writing from the plaintiff or its authorised representative in any manner whatsoever;
b) A permanent injunction restraining the defendants 38-42 and any other person or entity infringing the cinematographic film "Irada'' by themselves, their partners/ proprietor/ directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the plaintiff's copyrighted cinematographic film "Irada'' by copying, recording, reproducing or allowing camcording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or playing and / or in any manner whatsoever from communicating the cinematographic film "Irada'' and said work without a proper license from the plaintiff or in any other manner which would violate/ infringe the plaintiff's copyrighted cinematographic film "Irada'' through different mediums including but not limited to CD, DVD, Blu-ray disc, VCD, cable TV, Direct to home services, internet services, multimedia messaging services, pen drives, hard drives, tapes, DAS, satellite, Conditional Access Systems or in any other medium/ manner whatsoever;
c) A permanent injunction restraining the defendants 43 - 50 and any other person or entity infringing the said Film by themselves, their partners/ proprietor/ directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the Plaintiff's copyrighted said Film by copying, recording, reproducing or allowing camcording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or playing and / or in any manner whatsoever from communicating the said Film and said Work without a proper license from the Plaintiff or in any other manner which would violate / infringe the Plaintiff's copyrighted said Film through different mediums including but not limited to CD, DVD, Blu-ray disc, VCD, cable TV, Direct to home services, internet services, multimedia messaging services, pen drives, hard drives, tapes, DAS, satellite, Conditional Access Systems or in any other medium / manner whatsoever;
d) for costs of the suit.
For Plaintiff : Mr. Arun C.Mohan JUDGMENT The learned counsel appearing for the plaintiff seeks permission of this Court to withdraw the Civil Suit and he has also made an endorsement to that effect.
2. Recording the above submission made by the learned counsel for the plaintiff and the endorsement made, the Civil Suit is dismissed as withdrawn. The plaintiff is entitled to refund Court Fee as per law. No costs. Consequently, connected applications are closed.
16.03.2017 pvs To The Sub Assistant Registrar, Original Side, High Court, Madras.
K.KALYANASUNDARAM, J., pvs C.S.No.103 of 2017 O.A.Nos.148 to 150 of 2017 16.03.2017 http://www.judis.nic.in