Madrasdated High Court · 2025

C.S(Comm.Div)No.71 of 2025agents, servants, or any other person claiming through them from in any manner infringing the Plaintiff's copyrights pertaining to the cinematograph films "Lelam", "How Old are You", and "Karinkunnam Sixes", including but not limited to the sound recording, musical work and cinematograph film by broadcasting, copying, recording, reproducting, displaying, uploading, streaming, downloading or exhibiting in any manner whatsoever;b) A mandatory injunction directing the Defendant by itself, its officers, agents servants or any other person claiming through them to surrender the Plaintiff, all infringing materials pertaining to the copyright of the Plaintiff in the cinematograph films "Lelam","How Old are You", and "Karinkunnam Sixes", including but not limited to the sound recording, musical work and cinematograph film, negatives and all other infringing materials;c) Grant a preliminary decree directing the Defendant to render true and faithful account of the revenue earned by them through copying, recording, repdoucing, displaying, uploading, streaming, downloading or exhibiting the Plaintiff's copyrights pertaining to the cinematograph films "Lelam", "How Old are You", and "Karinkunnam Sixes", including but not limited to the sound recording, musical work and cinematograph film;d) Directing the Defendant to pay damages to the tune of 2/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025Rs.1,00,00,000/- for acts of infringement of copyrights by the Defendant;e) Direct that the Defendant pay the Plaintiff the cost of the present suit.For Plaintiff:Ms. Tharika Mohan,for Mr. Arun C. MohanFor Defendant:Sole defendant Set ex parte on 30.06.2025JUDGEMENTIt has been brought to the notice of this Court that the defendant was set ex-arte and the ex-parte evidence was recorded, and subsequently, an ex-parte order was passed. It is now brought to the notice of this Court that, due to inadvertence, the discussion portion was omitted from the said order. Therefore, the matter is listed under the caption "For clarification." Accordingly, the Registry is directed to substitute the following as the order of this Court dated 01.09.2025 and to issue a fresh certified copy of the same.2.The plaintiff seeks the following reliefs:a) A permanent injunction restraining the Defendant by itself, its officers, agents, servants, or any other person claiming through them from in any manner infringing the Plaintiff's copyrights pertaining to the cinematograph films "Lelam", "How Old are You", and "Karinkunnam Sixes", including but not limited to the sound recording, musical work and cinematograph film by broadcasting, copying, recording, reproducting, 3/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025displaying, uploading, streaming, downloading or exhibiting in any manner whatsoever;b) A mandatory injunction directing the Defendant by itself, its officers, agents servants or any other person claiming through them to surrender the Plaintiff, all infringing materials pertaining to the copyright of the Plaintiff in the cinematograph films "Lelam", "How Old are You", and "Karinkunnam Sixes", including but not limited to the sound recording, musical work and cinematograph film, negatives and all other infringing materials;c) Grant a preliminary decree directing the Defendant to render true and faithful account of the revenue earned by them through copying, recording, repdoucing, displaying, uploading, streaming, downloading or exhibiting the Plaintiff's copyrights pertaining to the cinematograph films "Lelam", "How Old are You", and "Karinkunnam Sixes", including but not limited to the sound recording, musical work and cinematograph film;d) Directing the Defendant to pay damages to the tune of Rs.1,00,00,000/- for acts of infringement of copyrights by the Defendant;e) Direct that the Defendant pay the Plaintiff the cost of the present suit. 3.Heard the submissions made by the learned counsel for the plaintiff and perused the materials available on record.4.A perusal of the records reveal that, although this Court had issued summons to the defendant and the defendant’s name was duly printed in the cause list, there was no appearance on behalf of the defendant, either in person or through counsel. Accordingly, by order dated 30.06.2025, the defendant was 4/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025set ex parte, and the Registry was directed to list the matter on 09.07.2025.5.When the matter was called on 09.07.2025, this Court directed the Registry to post the matter before the learned Additional Master No. II on 17.07.2025 for recording ex parte evidence, with a further direction to complete the same on or before 18.07.2025. Pursuant to the said direction, the matter was listed before the learned Additional Master No. II on 17.07.2025 and on 18.07.2025.6.On the side of the plaintiff, Mr.M.Jyothi Basu was examined as P.W.1. Seventeen (17) documents were marked as Ex.P1 to Ex.P17, and one Compact Disc (CD) was marked as Material Object 1 (M.O.1), the details of which are as follows:S.No.ExhbitsDatedDetails1Ex.P.129.05.2015Extract of the resolution passed at the meeting of the Board of Directors of the Company held on 29th May 2015 at the Registered office of the Company.2Ex.P.217.09.2008Copy of assignment agreement between M/s.Seven Arts International Ltd., and plainiff granting film rights, including "Lelam" to the plaintiff.3Ex.P.303.10.2008Copy of letter from Gemini Colour Laboratory to 5/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025S.No.ExhbitsDatedDetailsthe plaintiff confirming the assignment of films, including "Lelam" by M/s.Seven Arts International Ltd,.4Ex.P.413.10.2008Copy of proof of plaintiff's payment to M/s.Seven Arts International Ltd., for film rights, including "Lelam".5Ex.P.527.08.2014Copy of Central Board of Film certification's censor certificate for the film "Lelam".6Ex.P.628.05.2014Copy of assignment agreement between M/s.Magic Frames and the plaintiff granting the film rights of the film "How Old Are You" to the plaintiff.7Ex.P.702.06.2014Copy of letter from Gemini Color Laboratory to the plaintiff confirming the assignment of film "How Old Are You" by M/s.Magic Frames.8Ex.P.813.05.2014Copy of Central Board of Film certification's censor certificate for the film "How Old Are You".9Ex.P.919.06.2014Copy of payment voucher of plaintiff's payment to M/s.Magic Frames for the film rights "How Old Are You"10Ex.P.1024.05.2016Copy of assignment agrement between M/s.Backwater Studios and the plaintiff granting the film rights of the film "Karikunnam Sixes/Karikunnam6's" to the plaintiff. 11Ex.P.1124.06.2016Copy of supplementary agreement between M/s.Backwater Studios and the plaintiff. 12Ex.P.1205.07.2016Copy of letter from Gemini Industries & Imaging Limited to the plaintiff confirming the assignment of film "Karikunnam Sixes/Karikunnam 6's"13Ex.P.1310.06.2016Copy of Central board of Film Certifications's Censor Certificate for the film "Karikunnam 6/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025S.No.ExhbitsDatedDetailsSixes/Karikunnam 6's"14Ex.P.1401.06.2016 & 08.07.2016Copy of payment voucher of plaintiff's payment M/s.Backwater Studios for the film rights "Karikunnam Sixes/Karikunnam 6's"15Ex.P.1510.12.2024Copy of cease and desist notice for copyright infringement and claim for damages issued by the plaintiff to the defendant.16Ex.P.1610.01.2025Copy of reply to the cease and desist notice issued by the defendant to the plaintiff.17Ex.P.17-Print outs (photographs and videos) showing that the defendant infringing the plaintiff's copyright by telecasting the films "Lelam", "How Old Are You" and "Karikunnam 6's" on their channels. 7.The following issues were framed for consideration:1.Whether the plaintiff is entitled to the damages claimed?2.Whether the defendant had valid permission or license to telecast the films on their channels?8.The evidence of P.W.1, recorded before the learned Additional Master No. II on 17.07.2025, establishes that the plaintiff had obtained broadcasting rights for the films "Lelam", "How Old Are You", and "Karinkunnam Sixes". Exhibits P.2, P.6, and P.10 clearly demonstrates that the plaintiff entered into assignment agreements with the respective producers on 17.09.2008, 7/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 202528.05.2014, and 24.05.2016 for the aforementioned films. In furtherance of these rights, the plaintiff issued a “cease and desist” notice on 10.12.2024, to which the defendant responded on 10.01.2025. Though the cease and desist notice claimed damages of Rs.3,00,00,000/-, the plaintiff has restricted the claim in the present suit to Rs.1,00,00,000/-.9.With regard to the issue Nos.1 & 2, it is clear that Ex.P.2 dated 17.09.2008 is a copy of the assignment agreement entered into between M/s. Seven Arts International Ltd. and the plaintiff, granting rights over the film "Lelam"; Ex.P.6 dated 28.05.2014 is a copy of the assignment agreement between M/s.Magic Frames and the plaintiff for the film "How Old Are You" and Ex.P.10 dated 24.05.2016 is the assignment agreement between M/s.Backwater Studios and the plaintiff for the film "Karinkunnam Sixes/Karinkunnam 6's". Further, supporting letters from the respective film laboratories confirming the assignments are filed as Ex.P.3 dated 03.10.2008 (from Gemini Colour Laboratory regarding "Lelam"), Ex.P.7 dated 02.06.2014 (from Magic Frames regarding "How Old Are You"), andEx.P.12 dated 05.07.2016 (from M/s.Backwater Studios regarding “Karinkunnam Sixes"). The plaintiff has also produced evidence of payments made to the producers for 8/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025acquiring the rights, by way of Ex.P.4 dated 13.10.2008 (payment to M/s. Seven Arts International Ltd.), Ex.P.9 dated 19.06.2014 (payment to M/s. Magic Frames), and Ex.P.14 dated 01.06.2016 & 08.07.2016 (payments to M/s. Backwater Studios). These payments were duly acknowledged by the respective producers. 10.From the above evidence, it is clearly established that the plaintiff lawfully acquired the exclusive telecasting rights over the three films in question. Additionally, Ex.P.17 (printouts showing that the defendant broadcasted the said films on their channels) proves infringement of the plaintiff's copyright. In their reply (Ex.P.16) to the plaintiff’s cease and desist notice, the defendant merely claimed to hold a "Non-Exclusive Assignment of Cable TV Rights" from a "competent person", without furnishing any concrete proof or documents to substantiate this claim. Notably, the defendant remained ex-parte and failed to produce any evidence or appear before the Court. On the other hand, the plaintiff has examined P.W.1 and marked Ex.P.1 to Ex.P.17, clearly establishing that they are the lawful holders of the broadcasting rights to the films in question.11.In view of the above facts and circumstances, it is proved that the 9/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025defendant telecasted the films "Lelam", "How Old Are You", and "Karinkunnam Sixes" without obtaining any valid license or permission from the plaintiff. Accordingly, this Court finds that the plaintiff has made out a case for the grant of liquidated damages. Hence, Issues 1 and 2 are answered in favour of the plaintiff. 12.Though the cease and desist notice initially claimed Rs.3,00,00,000/- towards damages, the plaintiff has confined the present suit to Rs.1,00,00,000/-.13.In fine, the suit is decreed in terms of prayers (a) to (c) of the plaint. In addition, the defendant is directed to pay a sum of Rs.1,00,00,000/- (Rupees one crore only) as costs to the plaintiff. Consequently, the connected application stands closed. 23.09.2025saiIndex: Yes/NoInternet : Yes/NoSpeaking /Non-Speaking OrderNeutral Citation : Yes/NoPlaintiff's witness:PW1. Mr.M. Jyothi Basu10/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025Document exhibited by the Plaintiff:Ex. No.DatedDetailsEx.P.129.05.2015Extract of the resolution passed at the meeting of the Board of Directors of the Company held on 29th May 2015 at the Registered office of the Company.Ex.P.217.09.2008Copy of assignment agreement between M/s.Seven Arts International Ltd., and plainiff granting film rights, including "Lelam" to the plaintiff.Ex.P.303.10.2008Copy of letter from Gemini Colour Laboratory to the plaintiff confirming the assignment of films, including "Lelam" by M/s.Seven Arts International Ltd,.Ex.P.413.10.2008Copy of proof of plaintiff's payment to M/s.Seven Arts International Ltd., for film rights, including "Lelam".Ex.P.527.08.2014Copy of Central Board of Film certification's censor certificate for the film "Lelam".Ex.P.628.05.2014Copy of assignment agreement between M/s.Magic Frames and the plaintiff granting the film rights of the film "How Old Are You" to the plaintiff.Ex.P.702.06.2014Copy of letter from Gemini Color Laboratory to the plaintiff confirming the assignment of film "How Old Are You" by M/s.Magic Frames.Ex.P.813.05.2014Copy of Central Board of Film certification's censor certificate for the film "How Old Are You".Ex.P.919.06.2014Copy of payment voucher of plaintiff's payment to M/s.Magic Frames for the film rights "How Old Are You"Ex.P.1024.05.2016Copy of assignment agrement between M/s.Backwater Studios and the plaintiff granting the film rights of the film "Karikunnam Sixes/Karikunnam6's" to the plaintiff. Ex.P.1124.06.2016Copy of supplementary agreement between M/s.Backwater Studios and the plaintiff. Ex.P.1205.07.2016Copy of letter from Gemini Industries & Imaging 11/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025Ex. No.DatedDetailsLimited to the plaintiff confirming the assignment of film "Karikunnam Sixes/Karikunnam 6's"Ex.P.1310.06.2016Copy of Central board of Film Certifications's Censor Certificate for the film "Karikunnam Sixes/Karikunnam 6's"Ex.P.1401.06.2016 & 08.07.2016Copy of payment voucher of plaintiff's payment M/s.Backwater Studios for the film rights "Karikunnam Sixes/Karikunnam 6's"Ex.P.1510.12.2024Copy of cease and desist notice for copyright infringement and claim for damages issued by the plaintiff to the defendant.Ex.P.1610.01.2025Copy of reply to the cease and desist notice issued by the defendant to the plaintiff.Ex.P.17-Print outs (photographs and videos) showing that the defendant infringing the plaintiff's copyright by telecasting the films "Lelam", "How Old Are You" and "Karikunnam 6's" on their channels. S.No.Exhibit No.Details1M.O.1CD containing footage of videos of the defendant infringing the plaintiff's copyright by telecasting the films "Lelam", "How Old Are You" and "Karikunnam 6's" on their channels. Deendants's witness & documents: Nil12/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025N. SENTHILKUMAR, J.saiC.S.(Comm.Div)No.71 of 202523.09.202513/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 01.09.2025CORAM:THE HONOURABLE MR. JUSTICE N. SENTHILKUMARC.S.(Comm.Div)No.71 of 2025andA.No.1327 of 2025Sun TV Network Ltd.,Murasoli Maran Towers,73, MRC Nagar Main Road, MRC Nagar, Chennai-600 028,Tamil Nadu, India.Represented by its Authorised Signatory,Mr. M. Jyothi Basu.... PlaintiffVersusAsianet Digital Network Pvt. Ltd.,2A, 2nd Floor Leela Infopark, Technopark,Kazhakottam,Tirvandrum, Kerala – 695581. ... DefendantPrayer: Commercial Suit filed under Order VII Rule 1 of the Civil Procedure Code, 1908, r/w Order IV Rule 1 of Original Side Rules, 1956, r/w Sections 51, 52, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012 and proviso 1 to Section 7 of the Commercial Courts Act, 2015, pleased to grant a Judgement and Decree on the following terms:a) A permanent injunction restraining the Defendant by itself, its officers, agents, servants, or any other person claiming through them from in any 14/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025manner infringing the Plaintiff's copyrights pertaining to the cinematograph films “Lelam”, “How Old are You”, and “Karinkunnam Sixes”, including but not limited to the sound recording, musical work and cinematograph film by broadcasting, copying, recording, displaying, uploading, streaming, downloading or exhibiting in any manner whatsoever;b) A mandatory injunction directing the Defendant by itself, its officers, agents servants or any other person claiming through them to surrender the Plaintiff, all infringing materials pertaining to the copyright of the Plaintiff in the cinematograph films“Lelam”, “How Old are You”, and “Karinkunnam Sixes”, including but not limited to the sound recording, musical work and cinematograph film negatives and all other infringing materials;c) Grant a preliminary decree directing the Defendant to render true and faithful account of the revenue earned by them through copying, recording, displaying, uploading, streaming, downloading or exhibiting the Plaintiffs copyrights pertaining to the cinematograph films “Lelam”, “How Old are You”, and “Karinkunnam Sixes”, including but not limited to the sound recording, musical work and cinematograph film;d) Directing the Defendant to pay damages to the tune of Rs.1,00,00,000/- for acts of infringement of copyrights by the Defendant;e) Direct that the Defendant pay the Plaintiff the cost of the present suit.For Plaintiff:Ms. Tharika Mohan,for Mr. Arun C. MohanFor Defendant:Sole defendant – Set ex parte on 30.06.2025JUDGEMENTThe plaintiff seeks for the following reliefs:15/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025“ a) A permanent injunction restraining the Defendant by itself, its officers, agents, servants, or any other person claiming through them from in any manner infringing the Plaintiff's copyrights pertaining to the cinematograph films “Lelam”, “How Old are You”, and “Karinkunnam Sixes”, including but not limited to the sound recording, musical work and cinematograph film by broadcasting, copying, recording, displaying, uploading, streaming, downloading or exhibiting in any manner whatsoever;b) A mandatory injunction directing the Defendant by itself, its officers, agents servants or any other person claiming through them to surrender the Plaintiff, all infringing materials pertaining to the copyright of the Plaintiff in the cinematograph films“Lelam”, “How Old are You”, and “Karinkunnam Sixes”, including but not limited to the sound recording, musical work and cinematograph film negatives and all other infringing materials;c) Grant a preliminary decree directing the Defendant to render true and faithful account of the revenue earned by them through copying, recording, displaying, uploading, streaming, downloading or exhibiting the Plaintiffs copyrights pertaining to the cinematograph films “Lelam”, “How Old are You”, and “Karinkunnam Sixes”, including but not limited to the sound recording, musical work and cinematograph film;16/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025d) Directing the Defendant to pay damages to the tune of Rs.1,00,00,000/- for acts of infringement of copyrights by the Defendant;e) Direct that the Defendant pay the Plaintiff the cost of the present suit.”2.I have heard the rival submissions made by the learned counsel for the plaintiff and perused the materials available on record.3.Upon considering the submissions and upon perusal of the records reveals that though this Court had issued summons to the defendant and the defendant's name was printed in the cause list, there was no appearance for the defendant either in person or through counsel. Therefore, the defendant was set ex parte by order dated 30.06.2025, and this Court directed the Registry to list the matter on 09.07.2025.4.When the matter was called on 09.07.2025, none appeared on behalf of the defendant. Therefore, this Court directed the Registry to list the matter before the learned Additional Master No.2, on 17.07.2025 for recording the ex parte evidence and also directed to complete the same on or before 18.07.2025. Thereafter, the matter was listed before the learned Additional 17/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025Master No.2 on the following dates viz., 17.07.2025 & 18.07.2025. On the side of the plaintiff, Mr. M. Jyothi Basu, was examined as P.W.1, and 17 documents were marked as Ex.P1 to Ex.P17. Besides one CD was marked as M.O.1. The said documents were taken on record.5.After the completion of ex-parte evidence, on 28.07.2025, this matter was listed before this Commercial Division for arguments, there was no representation for the defendants, this Court directed the Registry to list the matter on 01.09.2025 (i.e., today). 6.Even today, there was no representation for the defendant. Therefore, this Court feels that the defendant is not interested in prosecuting the case. Thus, the ex parte order dated 30.06.2025 made by this Court has become final and the same is recorded. Accordingly, this suit is decreed as prayed for. 01.09.2025Index: Yes/NoSpeaking /Non-Speaking OrderNeutral Case Citation : Yes/Noklt 18/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 202519/20 https://www.mhc.tn.gov.in/judis C.S(Comm.Div)No.71 of 2025N. SENTHILKUMAR, J.kltC.S.(Comm.Div)No.71 of 202501.09.202520/20