High Court · 2025

C.S.(Comm.Div.) No.129 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.06.2025CORAMTHE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHYC.S.(Comm.Div.) No.129 of 2024T.N.K. Govindaraju Chetty and Co Private Limited,Represented by its Executive Director Mr.P.NatarajanRegistered Office at T N K House, 48, Anna Salai, Chennai 600 002, Tamil Nadu. ... Plaintiffvs.1. Buvana SaravananAishwarya Apartment, B-18/3,23rd Cross Street,Besant Nagar, Chennai 600 090.2. Shanti SaravananAishwarya Apartment, B-18/3,23rd Cross Street,Besant Nagar, Chennai 600 090.3. Sudhakar Cine ArtsThrough its proprietor, Mr.Sudhakar,No.53, T.K. Street, Coimbatore 641001. ... DefendantsPRAYER: Plaint filed under Order IV Rule 1 of the Original Side Rules, 1994 & Order VII Rule 1 of the Code of Civil Procedure, 1908 Read With 1/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024Sections 51, 55 & 62 of the Copyrights Act, 1957 & Section 7 of the Commercial Courts Act, 2015, prays for the Judgment and Decree against the defendants, as follows:(a) Permanent injunction restraining the Defendants by themselves or their directors, proprietors, subsidiaries, affiliates, franchisees, officers, men, partners, servants, agents, franchisees, successors in interest, licensees, assignees, representatives or under any them, from in any manner, directly or indirectly infringing the Plaintiff's Copyrights, especially by exhibiting and exploiting the copyrights of the subject cinematographic films “Padagotti, PaadhaKanikkai, Panathottam and Gowri Kalyanam"; (b) Mandatory injunction directing the Defendant No. 1 and 2 to return any copy of the subject cinematographic films “Padagotti, PaadhaKanikkai, Panathottam and Gowri Kalyanam" in which Plaintiff owns the Copyright;(c) Pass an Order directing the Defendants to prepare and submit an account of profits made by them by the unlawful use of the subject cinematographic films “Padagotti, PaadhaKanikkai, Panathottam and Gowri Kalyanam" in which Plaintiff owns the Copyrights and pass a final decree upon ascertaining the accounts, in favour of the Plaintiff and against the Defendants;(d) Pass and Order directing the Defendants to pay damages to the tune of Rs.5,00,000/-(Five Lakhs) for having caused damage to the reputation of the Plaintiff by making false claims of copyright ownership in 2/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024the subject cinematographic films “Padagotti, PaadhaKanikkai, Panathottam and Gowri Kalyanam"; (e) for costs of the suit proceeding.For Plaintiff: Ms.Jayabharathi T.S. Ms.Reshma Rajagopal for Mr.M.S.BharathD1 & D3: Set Ex parte on 16.12.2024J U D G M E N TThe suit was filed seeking remedies in respect of infringement of the plaintiff's copyright in the cinematographic films “Padagotti, PaadhaKanikkai, Panathottam and Gowri Kalyanam". 2. By order dated 25.11.2024, the plaintiff was granted permission to effect service of suit summons on the 1st and 3rd defendants by publication in a Tamil daily. By the said order, this Court also dismissed the suit against the 2nd defendant as not pressed after noticing that the said defendant had passed away. By subsequent order dated 16.12.2024, this Court recorded 3/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024that substituted service had been duly effected on the 1st and 3rd defendants and proceeded to set the said defendants ex parte. In these circumstances, the plaintiff was permitted to adduce ex parte evidence. 3. The plaintiff examined Mr.V.R.Shankar, authorised representative, as P.W.1. In course of the examination in chief of the witness, 23 documents were exhibited as Exs.P1 to P23. 4. Learned counsel for the plaintiff submits that the ownership of copyright in the four cinematographic films forming the subject of the suit previously vested in one Mr.G.N.Velumani. The said person was declared as an insolvent in Insolvency Petition No.64 of 1972. By referring to the report dated 08.03.1974 of the Official Assignee in those proceedings (Ex.P19), learned counsel submits that the Official Assignee referred to the compromise between the insolvent and M/s.Devi Films Private Limited (Devi Films) by which Devi Films agreed to take the entire world rights, including negative rights, in the earlier mentioned four cinematographic films as full and final settlement of dues. She also referred to 4/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024communication dated 12.03.1974 from the Official Assignee to Devi Films (Ex.P3) stating that the High Court has sanctioned the compromise proposal and that the entire world negative rights in the movies Padagotti, PaadhaKanikkai, Panathottam and Gowri Kalyanam are given absolutely to Devi Films. 5. Learned counsel next referred to the order dated 23.08.2002 in C.P.Nos.109 to 111 of 2002 (Ex.P7) sanctioning the scheme of amalgamation between Devi Films, M/s.East India Industries (Madras) Private Limited and T.N.K. Govindaraju Chetty and Company Private Limited/plaintiff herein. She submits that all the assets and liabilities of Devi Films, including the four cinematographic films, were vested in the plaintiff with effect from 01.04.2001, being the appointed date under the sanctioned scheme of amalgamation. 6. In spite of Mr.G.N.Velumani having transferred all rights in the four cinematographic films to Devi Films, which was subsequently amalgamated with the plaintiff, learned counsel submits that the 1st and 2nd 5/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024defendants, who are the legal heirs of Mr.G.N.Velumani, endeavoured to assert rights over the said movies, as evidenced by the public notices issued on behalf of the 1st and 2nd defendants (Exs.P12 and P13). She also submits that the 3rd defendant asserted rights under assignment from the 1st and 2nd defendants, as evidenced by the WhatsApp message exhibited as Ex.P14. 7. On examining the above evidence adduced by the plaintiff and in the absence of contra evidence from the defendants, the suit is liable to be decreed insofar as prayers (a) to (c) of paragraph 47 are concerned. As regards the prayer in clause (d) of paragraph 47, learned counsel for the plaintiff relies upon the judgment in P.Thulasidas v. K.Vasanthakumari, MANU/TN/0904/1991. However, in the absence of any evidence of loss, this relief cannot be granted. As the successful party, the plaintiff is also entitled to costs. A sum of about Rs.15,270/- has been paid as Court fees. The plaintiff is also entitled to reasonable lawyer's fees and expenses. In the aggregate, the 1st and 3rd defendants are liable to pay a sum of Rs.3 lakhs as costs to the plaintiff. 6/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 20248. In the result, the suit is decreed against the 1st and 3rd defendants in terms of prayers (a) to (c) of paragraph 47. In addition, the 1st and 3rd defendants are directed to pay a sum of Rs.3,00,000/- (Rupees Three lakhs only) as costs to the plaintiff. 9. On application, the original documents submitted by the plaintiff (Exs.P1 to P11) shall be returned to the plaintiff. 30.06.2025Index : Yes / NoInternet : Yes / NoNeutral Citation: Yes / NokjPlaintiff's witness:P.W.1 – Mr.V.R.ShankarDocuments exhibited by the plaintiff:ExhibitsDocumentsEx.P1The download copy of the Extract of the records of the plaintiff from the online records of the Ministry of Corporate Affairs dated 18.07.2024. (along with Section 63(4)(c) of BNS, Act, 2023)Ex.P2The original Board Resolution authorizing Mr.P.Natarajan to7/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024ExhibitsDocumentsrepresent the Plaintiff dated 19.07.2024.Ex.P3The original Letter from the Office of the Official Assignee of this Hon'ble Court to M/s.Devi films Private Limited dated 12.03.1974.Ex.P4The original Letter from the office of the Official Assignee of this Hon'ble court to M/s.Gemini Colour Laboratories dated 12.03.1974.Ex.P5The Original Letters (Nos.5) dated 10.09.1998, 07.05.2007, 21.05.2007, 23.05.2007 and 06.04.2009 and photocopy of the (Nos.2) letters dated 28.06.1986, 22.08.1990 confirming the plaintiff's exploitation of their rights in the subject cinematographic films.Ex.P6The original (Nos.4) Agreements between the plaintiff and third parties confirming the plaintiff's exploitation of their rights in the subject cinematographic films dated 01.09.1998, 18.11.1998, 06.01.2000 and 31.05.2000.Ex.P7The certified copy of the order of amalgamation of this Hon'ble Court in CP.No.109 to 111 of 2002 dated 23.08.2002.Ex.P8The photocopy of the letter from the South Indian film Chamber of Commerce to M/s.Devi Films (P) Ltd dated 29.08.2003.Ex.P9The original newspaper of the plaintiff's advertisement in thenewspaper Malai Malar, intimating the public of their copyright ownership in the subject cinematographic films dated 30.08.2007.Ex.P10The original letter from plaintiff to Reliance Media WorksEntertainment Services Limited dated 17.07.2013.Ex.P11The original purchase order, invoice and proof of payments to8/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024ExhibitsDocumentsReliance Media Works Entertainment Services Limited fro conversion of the subject cinematographic films to digital format dated 07.03.2013, 10.06.2013, 30.09.2013, 20.03.2014.Ex.P12The photocopy of the public notice issued by Adv. Mr.G.Ramadoss on behalf of Defendant 1 and Defendant 2 dated 23.09.2020.(Compared with original as per directions subject to production of Original for verification)Ex.P13The photocopy of the Letter issued by plaintiff to Adv.Mr.G.Ramadoss dated 28.09.2020. (Compared with original as per directions subject to production of Original for verification)Ex.P14The download copy of the Extracts of the Whatsapp messagescirculated by Defendant No.3 in various groups dated July 2024.Ex.P15The photocopy of Complaint issued to Inspector of Police,Cybercrime, (East Zone), Chennai dated 01.07.2024. (Compared with original as per directions to production of Original for verification)Ex.P16The downloaded copy of the Extracts of emails issued to [email protected], [email protected] [email protected] and [email protected] dated 03.07.2024 to 06.07.2024.Ex.P17The served copy of the Caveats filed by Defendant No.3 dated 16.07.2024.Ex.P18The photocopy of the IP petition No.64/1972 filed under section 10,11,14,15 of the Presidency Towns Insolvency Act 909 and order 3 of the Insolvency Rules, 1958 dated 19.07.1972 (Compared with Certified copy )Ex.P19The photocopy of Report of Official Assignee in IP PetitionNo.64/1972 dated 08.03.1974 (Compared with Certified copy)Ex.P20The photocopy of the List Creditors (Compared with Certified 9/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024ExhibitsDocumentscopy )Ex.P21The photocopy of the List of Assets of the Debtor (Compared with Certified copy )Ex.P22The photocopy of the List of Documents filed before the OfficialAssignee (Compared with Certified copy )Ex.P23The photocopy of the Schedule of Affairs of the Creditors(Compared with Certified copy )30.06.202510/11 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.129 of 2024SENTHILKUMAR RAMAMOORTHY,JkjC.S.(Comm.Div.) No.129 of 202430.06.202511/11