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2025 DAILYLAW 52157 (MAD)

Zee Entertainment Enterprises Limited Represented By Its Power Of Attorney v. Bharat Sanchar Nigam Limited

C.S(COMM DIV)/96/2024 · 2025-01-06

Abdul Quddhose

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.S. (Comm.Div.) No.96 of 2024 and O.A. Nos.369 & 370 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2025 CORAM THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. (Comm.Div.) No.96 of 2024 and O.A. Nos.369 & 370 of 2024 Zee Entertainment Enterprises Limited, represented by its Power of Attorney Akshay Mahadik .. Plaintiff -vs- 1.Bharat Sanchar Nigam Limited, New Delhi - 110 001. 2.Mahanagar Telephone Nigam Ltd., New Delhi 110 003. 3.Bharti Airtel Limited, New Delhi - 110 070. 4.Vodafone Idea Limited 5.Tikona Digital Networks Private Limited 6.You Broadband & Cable India Limited 7.Rail Tel Corporation of India Ltd. 8.Shyam Spectra Pvt. Ltd. 9.Sify Technologies Limited 1/4 https://www.mhc.tn.gov.in/judis C.S. (Comm.Div.) No.96 of 2024 and O.A. Nos.369 & 370 of 2024 10.AT & T Global Network Service India Pvt. Ltd. 11.Peak Air Pvt. Ltd. 12.Knet Solutions Pvt. Ltd. (Cherrinet) 13.Limras Eronet Broadband Services Private Limited, Chennai - 600 010. 14.Raaj Internet (I) Private Limited 15.Joister Infoserve Private Limited 16.Ready Link Internet Service Limited 17.Nettlinx Limited 18.Excitel Broadband Private Limited 19.Southern Online Bio Technologies Limited 20.Dawn Supports Private Limited 21.Thalainagar Digital Cables (P) Ltd. 22.Cable Cast New Media Pvt. Ltd. 23.C32 Cable Net Pvt. Ltd. 24.Team 5 Network 25.SND Satellite Vision 26.Starvision Cable TV Network .. Defendants Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of Civil Procedure, 1908 and Order IV Rule 1 of the Original Side Rules, 1956 2/4 https://www.mhc.tn.gov.in/judis C.S. (Comm.Div.) No.96 of 2024 and O.A. Nos.369 & 370 of 2024 read with Sections 51, 52, 55, 61(1) & 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts Act, Commercial Division - Suit for Permanent Injunction for the infringement of Copyright to grant a judgment and decree on the following terms: a)A permanent injunction restraining the Defendants 1 to 20 and other known and unknown persons/entities from infringing the film "SWATANTRA VEER SAVARKAR" and said Work be directed to block all websites/web pages including websites mentioned in Schedule hosting contents that relate to Plaintiff's copyrighted film "SWATANTRA VEER SAVARKAR" to be released in OTT platform or in any manner, thereby restraining the unauthorised copying, transmission, communication or make available or display or release or show or upload or download or exhibit or play and/or in any manner communicate in and/or through their services immediate of receipt of details of such infringing websites/web pages in writing; b)A permanent Injunction restraining the Defendants 21-26 from infringing the film "SWATANTRA VEER SAVARKAR" by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the Plaintiff's copyrighted film "SWATANTRA VEER SAVARKAR" to be released in OTT platform by copying, recording, reproducing or allowing cam-cording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or 3/4 https://www.mhc.tn.gov.in/judis C.S. (Comm.Div.) No.96 of 2024 and O.A. Nos.369 & 370 of 2024 ABDUL QUDDHOSE, J. vga exhibiting or playing and/or in any manner whatsoever from communicating the film "SWATANTRA VEER SAVARKAR" and said Work without a proper license from the Plaintiff or in any other manner which would violate/infringe the Plaintiff's OTT copyrighted film "SWATANTRA VEER SAVARKAR" through different mediums including but not limited to CD, DVD, Blu-ray disc, VCD, cable TV, Direct to home services, internet services, multimedia messaging services, pen drives, hard drives, tapes, DAS, satellite, Conditional Access Systems or in any other medium/manner whatsoever; c)for costs of the suit. For Plaintiff : Mr.M.Dhanush for Mr.Vijayan Subramanian J U D G M E N T Learned counsel for the plaintiff seeks permission of this Court to withdraw the suit. He has also made an endorsement to that effect in the Court bundle. Accordingly, this suit is dismissed as withdrawn. No costs. Consequently, connected applications are closed. 06.01.2025 vga C.S. (Comm.Div.) No.96 of 2024 and O.A. Nos.369 & 370 of 2024 4/4 https://www.mhc.tn.gov.in/judis