1 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 11.03.2021 CORAM: THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No. 288 of 2001 (B) K. Alavandar ... Plaintiff Vs. 1. Mary Francis, Proprietrix M/s.V.M. Creations, 2. M/s. Prasad Colour Laboratory ... Defendants Prayer: Civil Suit is filed under Section 55 and 62 of Indian Copyright Act, 1957, (a) seeking for a declaration that the plaintiff is the owner of the limited Copy Right in respect of the outright lease rights of the distribution, exhibition and exploitation of the picture titled VIRUMBUKIREAN (Tamil, Colour, Scope) for the areas of Trichy and Tanjore Districts and popularly known as T.T. area in the film trade for a period of five years from the date of first and general release of the said picture; (b) for a permanent injunction restraining the defendants herein, their https://www.mhc.tn.gov.in/judis/ 2 agents, servants, financiers or anybody claiming through or under them from in anyway releasing the picture titled "VIRUMBUKIREAN" (Tamil, Colour, Scope) and/or delivering the prints of the said picture to anybody for release, distribution, exhibition and exploittation anywhere without delivering 6 (six) brand New Prints of the said picture for simultaneously release to the plaintiff in T.T. area as per the letter of arrangement dated 25.04.2001 between the plaintiff and the 1st defendant and (c) for the costs of the suit. For Plaintiff : Mr.C.Ramesh For D1 : Unserved ----- J U D G M E N T The suit had been filed under Sections 55 and 62 of the Indian Copy Right Act, 1957, seeking a declaration that the plaintiff is the owner of the limited Copy Right with respect to the movie "VIRUMBUKIREAN" in Tamil and for consequential reliefs. 2. Since it is an assertion of an intellectual property right, the Commercial Division of this Court will have necessary jurisdiction to examine the issues raised under Section 2 (1) (c) (xvii) of the Commercial Courts Act, 2015. https://www.mhc.tn.gov.in/judis/ 3 3. The learned counsel for the plaintiff stated that the cause of action does not survive as on date. Accordingly, the suit is dismissed. Liberty is granted to institute a suit if a fresh cause of action arises. No order as to costs. 11.03.2021 Index:Yes/No Web:Yes/No Speaking order : Yes / No msm https://www.mhc.tn.gov.in/judis/ 4 C.V.KARTHIKEYAN, J. msm C.S.No. 288 of 2001 (B) 11.03.2021 https://www.mhc.tn.gov.in/judis/