M/s.Sun TV Network Ltd. v. M/s.Marudham Television Private Limited

C.S. No. 167 of 2019 etc.,(c)to pay damages of a sum of Rs.30,00,000/- for exploiting the schedule ''A'' movies as detailed in Schedule ''B'' hereunder thereby causing loss to the plaintiff.(d)to pay cost to the plaintiff.(e) pass any further similar other orders as this Court may deem fit and proper in the circumstances of the case.For Plaintiff: Mr.Rahul BalajiFor Defendant: Ms.S.Deepika For Mr.D.PariventhanC.S.(Comm.Div.) No. 167 of 2023:-M/s.Sun TV Network Ltd.Rep. by its Authorised SignatoryMr.M.Jyothi BasuMurasoli Maran Towers73, MRC Nagar Main RoadMRC Nagar, Chennai-600028. .... Plaintiff -vs-M/s.Marudham Television Private LimitedR-62 II AvenueTNHB Colony VelacheryChennai-600042.Also at No.44, 1st AvenueAhok Nagar, Chennai-600083. ...DefendantPRAYER : This Suit has been filed under Order VII Rule 1 of Code of Page 3 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Civil Procedure and Under Order IV Rule 1 of Original Side Rules read with Section 51, 54, 55 and 62 of the Copyright (Amendment) Act, 2012 and Section 7 of Commercial Courts Act, 2015 Suit for permanent injunction for the infringement of copyright and damages for the following reliefs:-(a) a permanent injunction restraining the defendants from infringing the copyright of the plaintiff in the subject movies, as mentioned in schedule A of the plaint, by telecasting /broadcasting the same in the defendant's Television Channel or any other medium in any manner whatsoever.(b)A preliminary decree be passed in favour of the plaintiff directing the defendant to render a true and faithful account of all profits earned by them from exploiting of the subject movies and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts.(c)damages for a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) or such further adjudicated sum thereof pursuant to the true entitlement of damages claimed by plaintiff as special damages for acts of infringement of copyright committed by the defendant;(d)An order for delivery up of all the infringing and incriminatory material created, recreated, made, published, aired, uploaded, downloaded or dealt with in any manner, to the plaintiff for the purpose of destruction and erasure.(e) for costs of the suit.(f) pass such further or other order or orders as this Court may deem Page 4 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,fit and proper in the facts and circumstances of the case. For Plaintiff: Mr.Rahul BalajiFor Defendant: Ms.S.Deepika For Mr.D.ParventhanC.S.(Comm.Div.) No. 610 of 2018:-M/s.Sun TV Network Ltd.Rep. by its Authorised SignatoryMr.M.Jyothi BasuMurasoli Maran Towers73, MRC Nagar Main RoadMRC Nagar, Chennai-600028. .... Plaintiff -vs-M/s.Marudham Television Private LimitedR-62 II AvenueTNHB Colony VelacheryChennai-600042. ...DefendantPRAYER : This Suit has been filed under Order IV Rule 1 of Original Side Rules read with Section 2(1)(c) XVII read with 1st proviso of Section 7 of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act 4 of 2016 read with Sections 55 and 62 of the Copy Rights Act and Order VII Rule 1 of CPC for the following reliefs:-(a) for permanent injunction restraining the defendant, their men, representatives, agents and anybody on behalf of the defendant from in any manner infringing, exhibiting or exploiting the schedule ''A'' movies or any part thereof through satellite Television Broadcast Direct to Home Page 5 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,broadcast, direct satellite service, internet video streaming through all forms, I.P. IV, broadband, telephone, telephony, cell phone radio (all dimensions) VCD, DVD, 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 construct accordingly or any other systems without restrict of geographical area and including all channels of Doordarshan, in Velicham TV (A unit of M/s.Marudham Television Private Limited).(b)direct the defendant to render true and proper accounts of profit in respect of its infringing, telecasting and exploiting of the said schedule ''A'' movies since August, 2018.(c)to pay damages of a sum of Rs.30,00,000/- for exploiting the schedule ''A'' movies as detailed in Schedule ''B'' hereunder thereby causing loss to the plaintiff.(d)to pay cost to the plaintiff.Page 6 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,(e) pass any further similar other orders as this Court may deem fit and proper in the circumstances of the case.For Plaintiff: Mr.M.Narendran For M/s.King & Patridge For Defendant: Ms.S.Deepika For Mr.D.ParventhanC O M M O N J U D G M E N TA report had been received from the Tamil Nadu Mediation and Conciliation Centre, High Court dated 18.10.2024 to this Court indicating that the parties to the suits in C.S.(Comm.Div.) No. 167 of 2019 and C.S.(Comm.Div.) No. 167 of 2023 had settled the disputes among themselves based upon the settlement agreement that has been annexed to the said report. 2.A perusal of the said report also indicates that the parties have also settled their disputes with regard to the claim in C.S.(Comm.Div.) No. 610 of 2018. The said settlement agreement arrived at between the parties is extracted hereunder:-Page 7 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 8 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 9 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 10 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 11 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 12 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 13 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 14 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 15 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 16 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 17 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 18 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 19 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 20 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 21 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 22 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 23 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,3.The suits in Civil Suit No. 167 of 2019 and C.S. (Comm.Div.) No. 167 of 2023 and C.S.(Comm.Div.) No. 610 of 2018 are disposed on the terms of the settlement agreement dated 18.10.2024. The plaintiff is entitled for the refund of the Court-Fees as applicable. Consequently, all connected applications are closed.24.10.2024Index :Yes/NoMayaPage 24 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,K.KUMARESH BABU, J.MayaC.S. No. 167 of 2019and C.S.(Comm.Div.) No. 167 of 2023and C.S.(Comm.Div.) No. 610 of 2018and Application No. 5584 of 2019and Application No. 3 of 202424.10.20242/2Page 25 of 25

C.S. No. 167 of 2019 etc.,(c)to pay damages of a sum of Rs.30,00,000/- for exploiting the schedule ''A'' movies as detailed in Schedule ''B'' hereunder thereby causing loss to the plaintiff.(d)to pay cost to the plaintiff.(e) pass any further similar other orders as this Court may deem fit and proper in the circumstances of the case.For Plaintiff: Mr.Rahul BalajiFor Defendant: Ms.S.Deepika For Mr.D.PariventhanC.S.(Comm.Div.) No. 167 of 2023:-M/s.Sun TV Network Ltd.Rep. by its Authorised SignatoryMr.M.Jyothi BasuMurasoli Maran Towers73, MRC Nagar Main RoadMRC Nagar, Chennai-600028. .... Plaintiff -vs-M/s.Marudham Television Private LimitedR-62 II AvenueTNHB Colony VelacheryChennai-600042.Also at No.44, 1st AvenueAhok Nagar, Chennai-600083. ...DefendantPRAYER : This Suit has been filed under Order VII Rule 1 of Code of Page 3 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Civil Procedure and Under Order IV Rule 1 of Original Side Rules read with Section 51, 54, 55 and 62 of the Copyright (Amendment) Act, 2012 and Section 7 of Commercial Courts Act, 2015 Suit for permanent injunction for the infringement of copyright and damages for the following reliefs:-(a) a permanent injunction restraining the defendants from infringing the copyright of the plaintiff in the subject movies, as mentioned in schedule A of the plaint, by telecasting /broadcasting the same in the defendant's Television Channel or any other medium in any manner whatsoever.(b)A preliminary decree be passed in favour of the plaintiff directing the defendant to render a true and faithful account of all profits earned by them from exploiting of the subject movies and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts.(c)damages for a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) or such further adjudicated sum thereof pursuant to the true entitlement of damages claimed by plaintiff as special damages for acts of infringement of copyright committed by the defendant;(d)An order for delivery up of all the infringing and incriminatory material created, recreated, made, published, aired, uploaded, downloaded or dealt with in any manner, to the plaintiff for the purpose of destruction and erasure.(e) for costs of the suit.(f) pass such further or other order or orders as this Court may deem Page 4 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,fit and proper in the facts and circumstances of the case. For Plaintiff: Mr.Rahul BalajiFor Defendant: Ms.S.Deepika For Mr.D.ParventhanC.S.(Comm.Div.) No. 610 of 2018:-M/s.Sun TV Network Ltd.Rep. by its Authorised SignatoryMr.M.Jyothi BasuMurasoli Maran Towers73, MRC Nagar Main RoadMRC Nagar, Chennai-600028. .... Plaintiff -vs-M/s.Marudham Television Private LimitedR-62 II AvenueTNHB Colony VelacheryChennai-600042. ...DefendantPRAYER : This Suit has been filed under Order IV Rule 1 of Original Side Rules read with Section 2(1)(c) XVII read with 1st proviso of Section 7 of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act 4 of 2016 read with Sections 55 and 62 of the Copy Rights Act and Order VII Rule 1 of CPC for the following reliefs:-(a) for permanent injunction restraining the defendant, their men, representatives, agents and anybody on behalf of the defendant from in any manner infringing, exhibiting or exploiting the schedule ''A'' movies or any part thereof through satellite Television Broadcast Direct to Home Page 5 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,broadcast, direct satellite service, internet video streaming through all forms, I.P. IV, broadband, telephone, telephony, cell phone radio (all dimensions) VCD, DVD, 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 construct accordingly or any other systems without restrict of geographical area and including all channels of Doordarshan, in Velicham TV (A unit of M/s.Marudham Television Private Limited).(b)direct the defendant to render true and proper accounts of profit in respect of its infringing, telecasting and exploiting of the said schedule ''A'' movies since August, 2018.(c)to pay damages of a sum of Rs.30,00,000/- for exploiting the schedule ''A'' movies as detailed in Schedule ''B'' hereunder thereby causing loss to the plaintiff.(d)to pay cost to the plaintiff.Page 6 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,(e) pass any further similar other orders as this Court may deem fit and proper in the circumstances of the case.For Plaintiff: Mr.M.Narendran For M/s.King & Patridge For Defendant: Ms.S.Deepika For Mr.D.ParventhanC O M M O N J U D G M E N TA report had been received from the Tamil Nadu Mediation and Conciliation Centre, High Court dated 18.10.2024 to this Court indicating that the parties to the suits in C.S.(Comm.Div.) No. 167 of 2019 and C.S.(Comm.Div.) No. 167 of 2023 had settled the disputes among themselves based upon the settlement agreement that has been annexed to the said report. 2.A perusal of the said report also indicates that the parties have also settled their disputes with regard to the claim in C.S.(Comm.Div.) No. 610 of 2018. The said settlement agreement arrived at between the parties is extracted hereunder:-Page 7 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 8 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 9 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 10 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 11 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 12 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 13 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 14 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 15 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 16 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 17 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 18 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 19 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 20 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 21 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 22 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,Page 23 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,3.The suits in Civil Suit No. 167 of 2019 and C.S. (Comm.Div.) No. 167 of 2023 and C.S.(Comm.Div.) No. 610 of 2018 are disposed on the terms of the settlement agreement dated 18.10.2024. The plaintiff is entitled for the refund of the Court-Fees as applicable. Consequently, all connected applications are closed.24.10.2024Index :Yes/NoMayaPage 24 of 25 https://www.mhc.tn.gov.in/judis C.S. No. 167 of 2019 etc.,K.KUMARESH BABU, J.MayaC.S. No. 167 of 2019and C.S.(Comm.Div.) No. 167 of 2023and C.S.(Comm.Div.) No. 610 of 2018and Application No. 5584 of 2019and Application No. 3 of 202424.10.20242/2Page 25 of 25