Madras High Court
T.Kartheeka vs M/S.Bagiya Lakshmi Enterprise on 28 June, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
Civil Suit No.12 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 28.06.2024 CORAM THE HONOURABLE Mr. JUSTICE P.VELMURUGAN Civil Suit No. 12 of 2023 and O.A.No.42 of 2023 T.Kartheeka ... Plaintiff Vs. 1. M/s.Bagiya Lakshmi Enterprise Rep.by its Proprietor Mr.C.L.Narasareddy AH-235, AH-Block, 2nd Street, Shanti Colony Anna Nagar, Chennai – 600 040. 2. M/s.Mythri Movie Makers Rep.by Mr.Naveen Yerneni and Mr.Y.Ravi Shankar Sushrutha, No.330/1, Road No.25 Jubilee Hills, Hyderabad – 500 033. 3. K.S.Ravindra ... Defendants Prayer:- Civil Suit has been filed under Order VII Rule 1 CPC read with Order IV, Rule 1 of the Madras High Court Original Side Rules read with 1/8https://www.mhc.tn.gov.in/judis Civil Suit No.12 of 2023 Sections 51, 55 and 62 of the Copyrights Act, 1957 for a judgment and decree against the defendants on the following terms : a) for a permanent injunction restraining 2nd defendant, his agents, servants, distributors or anybody claiming through or under them from in any manner releasing, distributing or exploiting the film titled ''WALTAIR VEERAYYA'' (Telugu Colour) anywhere in the world in infringement of the copy right of the plaintiff either in theatres or through any digital modes such as in OTT platforms, satellite channels or in any other manner whatsoever; b) direct the defendants 2 and 3 to pay the costs of the suit. For Plaintiff : Mr.A.Chidambaram For Defendants : D1 set ex-parte on 20.06.2024 D2 and D3 set ex-parte on 03.04.2024 -------- JUDGMENT
The Civil Suit has been filed seeking for a permanent injunction
restraining the second defendant, his agents, servants, distributors or
anybody claiming through or under them from in any manner releasing,
distributing or exploiting the film titled ''WALTAIR VEERAYYA'' (Telugu,
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Colour) anywhere in the world in infringement of the copyright of the
plaintiff either in theatres or through any digital modes such as OTT
platforms, satellite channels or in any other manner whatsoever and
consequently direct defendants 2 and 3 to pay the costs of the suit.
2.The brief facts, in nutshell, are thus:-
2.1. The plaintiff is the sole and exclusive owner of the copyright in
respect of Telugu remake and dubbing rights of Tamil film titled ''AGNI
NATCHATHIRAM'' (Tamil, Colour) and she has acquired the said right
under an agreement dated 27.01.2011 (Ex.P2) for a valuable
consideration from the first defendant herein, who had acquired the said
right from the original producer M/s.GV Films Limited. It is further
stated that the plaintiff had already acquired the Tamil remake right of the
film ''AGNI NATCHATHIRAM'' (Tamil, Colour) from the producer
M/s.GV Films Limited under an agreement dated 08.12.2010 (Ex.P1) for
a valuable consideration. While that being so, it came to the knowledge of
the plaintiff that the second defendant had produced a Telugu film titled
''WALTAIR VEERAYYA'' (Telugu, Colour) written and directed by
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K.S.Ravindra, the third defendant herein and advertised for the release of
the said film worldwide on and from 13.01.2023.
2.2. Subsequently, the trailer of the film ''WALTAIR VEERAYYA''
(Telugu, Colour) was released by the second defendant and the plaintiff
was shocked on coming to know that defendants 2 and 3 had copied the
entire storyline and sequences of the film ''AGNI NATCHATHIRAM''
(Tamil, Colour), for which, the plaintiff alone is the sole and exclusive
owner of the copyright in respect of Tamil and Telugu remake and
dubbing rights thereof.
2.3. It is further stated that the entire story, screenplay and
sequences has been entirely copied in the said Telugu Film ''WALTAIR
VEERAYYA'' (Telugu, Colour) from the Tamil film ''AGNI
NATCHATHIRAM'' (Tamil, Colour) with some minor modifications. It is
further stated that the second defendant had been frequently approaching
the plaintiff for acquiring the remake rights of the Tamil film ''AGNI
NATCHATHIRAM'' (Tamil, Colour) for making a film with
Mr.Chiranjeevi, in the lead role for the past one year. However, the
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plaintiff had acquired the copyright over the remake and dubbing rights
of the said film with the sole intention of producing a film in Telugu
language with leading artists under the banner of Jaya Balajee Real
Media Private Limited, in which, she is one of the Directors.
2.4. However, the second defendant had copied the entire story line
and sequences of Tamil Film ''AGNI NATCHATHIRAM'' (Tamil, Colour)
without permission of the plaintiff or obtaining the copyright from the
plaintiff, had produced the Telugu Film ''WALTAIR VEERAYYA'', which
amounts to serious infringement of copyright of the plaintiff. Hence, the
plaintiff is constrained to file the present suit with a view to protect her
copyright and her interest of the said film.
2.5 It is further stated that the plaintiff has got a prima facie case
and balance of convenience in her favour. If the subject film is allowed
to be released infringing or her copyrights, she will be put to much loss
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and hardship and her chances of producing the film may be affected and
obfuscated forever. Hence, the present suit.
3. Since defendants 2 and 3 have not filed written statement, the
defendants 2 and 3 were set ex-parte by this Court on 03.04.2024.
4. Though the name of the first defendant is printed in the cause
list, none appeared on behalf of the first defendant and hence, the first
defendant was set ex-parte by this Court on 20.06.2024.
5. On the side of the plaintiff, the husband of the plaintiff
Mr.T.Ramesh was examined as P.W.1 and he has reiterated the averments
made in the plaint and also marked 3 documents as Exs.P1 to P3.
6. Heard the learned counsel appearing for the plaintiff and
perused the materials available on record.
7. On a perusal of the plaint averments and also Proof Affidavit of
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the plaintiff and documents marked on behalf of them, this Court finds
that the suit claim is proved by the plaintiff, and hence, the plaintiff is
entitled to the decree as sought for in the plaint. Accordingly, the suit is
decreed as prayed for, with costs. Consequently, connected application is
closed.
28.06.2024 Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms
List of Witness examined on the side of the plaintiff T.Ramesh - PW1 List of documents marked on the side of the plaintiff
SL. Exhibits DESCRIPTION OF DATED No DOCUMENTS
1. P1 Photocopy of the Agreement between 08.12.2010 plaintiff and M/s.GV Films Ltd.
2. P2 Original Telugu remake and dubbing 27.01.2011 rights agreement between the plaintiff and the first defendant
3. P3 Paper advertisem*nt in one issue of 08.01.2023 Andhra Jyothi (Telugu) (Page Nos.5 to 8)
ms 28.06.2024
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P.VELMURUGAN, J
ms
C.S.No.12 of 2023
28.06.2024
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