High Court · 2025

C.S.No.725 of 2016IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.01.2025CORAMTHE HON'BLE MR. JUSTICE ABDUL QUDDHOSEC.S. No.725 of 2016M/s.SUN TV Network Ltd.,rep. by its Authorised SignatoryM.Jyothi Basu... PlaintiffVs.M/s.Peppermint Productions,(A Unit of Peppermint Private Limited),Maharashtra, India - 401 107.... Defendant(Amended as per order dated 25.09.2024in A.No.4042 of 2024)PRAYER: Plaint filed under Order VI Rule 1 of Original Side Rules read with Order VII Rule I of C.P.C. to pass judgment and decree against the defendant:(a)for permanent injunction restraining the defendant, its men, representatives, agents and anybody on behalf of the defendant from in anyway exhibiting or exploiting the Tamil film "OSTHI" starring Silambarasan, Githa Ramesh, Richa Gangopadhyay, Sonu Sood & others through satellite Television Broadcast Direct to Home broadcast, direct satellite service, internet video streaming through all forms, I.P. T.V., broadband, telephone, telephony, cell phone radio (all dimensions) VCD, 1/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016DVD, video on demand, movie on demand, video, High definition (HD), laser disc, blue ray, u-matic, inflight, airborne, railborne, terrestrial television broadcast (all dimensions) through cable/via cable TV, local delivery system, MMDS, paper view, seaborne, all modes of public/private transportation, public service broadcasting, private communication/ broadcast, wire, wireless, 2D & 3D formats/dimensions of the film or any other formats/dimensions which may be in existence now or invented in future or through any other forms, means and modes and any forms of communication like signs, signals, writing, pictures, images and sounds of all kinds of transmission of electro magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly or any other systems without restriction of geographical area and including all channels of Doordarshan for a perpetual period more particularly in the internet andb)to pay damages of a sum of Rs.30,00,000/- for illegally uploading the tamil movie "OSTHI" in You Tube using pirated CDs and making the same available for subscribed users as free downstream videos.For Plaintiff :Mr.Prajeish D. forM/s.King and PartridgeFor Defendant:exparteJUDGMENTThe suit has been filed for permanent injunction and for damages.2/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 20162.According to the plaintiff, they are the owners of the copyright in respect of the cinematographic film 'OSTHI'. According to the plaintiff, they have became the copyright owner pursuant to an Assignment Agreement dated 18.11.2011, executed in their favour. According to the plaintiff, ever since the date of the assignment granted in their favour, they are the exclusive owner of the copyright in respect of the cinematographic film 'OSTHI'. According to the plaintiff, they have made the entire payment for the grant of assignment in their favour, which has been recorded through the Supplementary Agreement dated 07.12.2011. 3.According to the plaintiff, it came to their knowledge from the You Tube that the defendant has illegally telecasted the cinematographic film 'OSTHI' in March 2015. Immediately, the plaintiff contacted the defendant through email calling upon the defendant to stop broadcasting the cinematographic film 'OSTHI'. On receipt of the said communication from the plaintiff, the defendant has sent a letter to the plaintiff dated 28.04.2015 that they shall stop telecasting the cinematographic film 'OSTHI' and that they will remove immediately from their You Tube Channel and an undertaking was also given by them that in future as well they shall not 3/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016upload the movie in the You Tube Channel. According to the plaintiff, despite the said undertaking, the defendant continues to host the cinematographic film 'OSTHI' in the You Tube Channel, which amounts to copyright infringement of the plaintiff's copyright. 4.The suit summons was served on the defendant, but the defendant failed to enter appearance in this suit and accordingly, they were set exparte by this Court on 21.12.2024. The plaintiff is also having the benefit of an interim injunction order from this Court restraining the defendant from telecasting the cinematographic film 'OSTHI' in any of the platforms without the authorisation of the plaintiff. 5.The exparte evidence has been recorded by the plaintiff before the learned Additional Master I. The proof affidavit of Mr.M.Jyothi Basu, the authorised representative of the plaintiff was filed before the learned Additional Master I in support of the plaint averments. Through P.W.1, the following documents were marked as exhibits on the side of the plaintiff:4/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016Sl.Nos.ExhibitsDescription of documents1Ex.P1True copy of the Board Resolution dated 14.11.20112Ex.P2Photocopy of the Assignment Agreement between Arbaaz Khan production and Balaji Studios dated 17.03.20113Ex.P3Photocopy of the Assignment Agreement by Balaji Studios and Balaji Real Media dated 06.04.20114Ex.P4Photocopy of the Assignment Agreement between Reliance Big Entertainment and Balaji Real Media dated 28.07.20115Ex.P5Certified copy of the Assignment Agreement in favour of the plaintiff dated 18.11.20116Ex.P6Certified copy of the Lab Letter dated 18.11.20117Ex.P7Certified copy of the Censor Certificate dated 21.11.20118Ex.P8Certified copy of the Supplementary Agreement dated 07.12.20119Ex.P9Printout of the Screenshots of the suit film in super cinema tamil dated 10.03.201510Ex.P10Printout of the E-mail correspondences between the plaintiff and defendant in April 201511Ex.P11Photocopy of the Letter from the defendant dated 28.04.20156.As seen from Exhibits P2 to P5, it is clear that the plaintiff has become the owner of the copyright in respect of the cinematographic film 'OSTHI'. Exhibits P2 to P5 confirms as to how the plaintiff has derived title in respect of the copyright over the cinematographic film 'OSTHI'. The Lab 5/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016Report dated 18.11.2011 marked as Ex.P6 also confirms that the plaintiff is the owner of the copyright in respect of the cinematographic film 'OSTHI'. The Censor Certificate dated 21.11.2011 marked as Ex.P7 also confirms the name of the producer of the film 'OSTHI' through whom the plaintiff has derived title in respect of the copyright over the film 'OSTHI'. The Supplementary Agreement dated 07.12.2011 which has been marked as Ex.P8 also confirms that the plaintiff has paid the entire consideration for the assignment of copyright in their favour as per the Assignment Agreement dated 18.11.2011, which has been marked as Ex.P5. Ex.P9 is the printout of the Screenshots of the film 'OSTHI' in super cinema tamil dated 10.03.2015, which reveals that the defendant has illegally broadcasted the cinematographic film 'OSTHI' in their You Tube Channel without the permission of the plaintiff. The exchange of correspondence between the plaintiff and the defendant in April 2015, which has been marked as Ex.P10 also confirms that the plaintiff has put on notice the defendant that copyright infringement will be filed in case the defendant continues to telecast the cinematographic film 'OSTHI' in any of the platforms. The letter dated 28.04.2015 sent by the defendant to the plaintiff, which has been marked as Ex.P11, confirms that the defendant had given undertaking to the 6/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016plaintiff that they shall remove the cinematographic film 'OSTHI' from their You Tube Channel and in future as well they shall stop telecasting the movie 'OSTHI'. 7.As seen from the plaint averments, the plaintiff contends that despite the undertaking given by the defendant that they shall remove the movie 'OSTHI' from any of the Internet platforms and despite they having given an undertaking that in future as well they shall stop broadcasting the movie in any of the Internet platforms, they continue to do so and only under those circumstances, they were constrained to file the suit. 8.As seen from the plaint averments as well as the documents filed along with the plaint, which have been marked as Exhibits, as stated supra, this Court is of the considered view that insofar as the copyright infringement against the defendant as stated by the plaintiff is concerned, the same has been proved by the plaintiff. Apart from seeking the relief of permanent injunction, the plaintiff has also sought for damages from the defendant for a sum of Rs.30,00,000/-. As seen from the evidence available on record, no evidence has been produced by the plaintiff to prove that the 7/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016plaintiff had suffered damages to the extent of Rs.30,00,000/- as claimed in the plaint. 9.Therefore, this Court cannot award a sum of Rs.30,00,000/- in favour of the plaintiff as claimed in the plaint. Since the plaintiff has proved that the defendant has committed copyright infringement over the plaintiff's copyright in respect of the cinematographic film 'OSTHI', necessarily, some amount of nominal damages will have to be awarded in favour of the plaintiff. This Court fixes the same at Rs.1,00,000/-. 10.For the foregoing reasons, the suit is partly decreed by granting the following relief in favour of the plaintiff:a)Permanent injunction is granted restraining the defendant, its men, representatives, agents and anybody on behalf of the defendant from in anyway exhibiting or exploiting the Tamil film "OSTHI" starring Silambarasan, Githa Ramesh, Richa Gangopadhyay, Sonu Sood & others through satellite Television Broadcast Direct to Home broadcast, direct satellite service, internet video streaming through all forms, I.P. T.V., broadband, telephone, telephony, cell phone radio (all dimensions) VCD, 8/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016DVD, video on demand, movie on demand, video, High definition (HD), laser disc, blue ray, u-matic, inflight, airborne, railborne, terrestrial television broadcast (all dimensions) through cable/via cable TV, local delivery system, MMDS, pay-per view, seaborne, all modes of public/private transportation, public service broadcasting, private communication/ broadcast, wire, wireless, 2D & 3D formats/dimensions of the film or any other formats/dimensions which may be in existence now or invented in future or through any other forms, means and modes and any forms of communication like signs, signals, writing, pictures, images and sounds of all kinds of transmission of electro magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly or any other systems without restriction of geographical area and including all channels of Doordarshan for a perpetual period more particularly in the internet;b)The defendant is directed to pay nominal damages of Rs.1,00,000/- to the plaintiff for illegally uploading the cinematographic film 'OSTHI' in 9/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016You Tube Channel using pirated CDs and making the same available for subscribed users as free downstream video within a period of one month from the date of receipt of a copy of this judgment. 11.The defendant is also directed to pay the costs of the suit to the plaintiff. 27.01.2025Index: Yes/NoSpeaking Order : Yes / NoNeutral Citation Case: Yes / Novga10/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016List of witness:Mr.M.Jyothi Basu (PW.1)List of the exhibits marked on the side of the plaintiff:Sl.Nos.ExhibitsDescription of documents1Ex.P1True copy of the Board Resolution dated 14.11.20112Ex.P2Photocopy of the Assignment Agreement between Arbaaz Khan production and Balaji Studios dated 17.03.20113Ex.P3Photocopy of the Assignment Agreement by Balaji Studios and Balaji Real Media dated 06.04.20114Ex.P4Photocopy of the Assignment Agreement between Reliance Big Entertainment and Balaji Real Media dated 28.07.20115Ex.P5Certified copy of the Assignment Agreement in favour of the plaintiff dated 18.11.20116Ex.P6Certified copy of the Lab Letter dated 18.11.20117Ex.P7Certified copy of the Censor Certificate dated 21.11.20118Ex.P8Certified copy of the Supplementary Agreement dated 07.12.20119Ex.P9Printout of the Screenshots of the suit film in super cinema tamil dated 10.03.201510Ex.P10Printout of the E-mail correspondences between the plaintiff and defendant in April 201511Ex.P11Photocopy of the Letter from the defendant dated 28.04.201527.01.2025vga11/12 https://www.mhc.tn.gov.in/judis C.S.No.725 of 2016 ABDUL QUDDHOSE, J. vgaC.S.No.725 of 201627.01.202512/12