M.V.R.S. PRASAD Vs. SUN TV NETWORK LTD., MURASOLI MARAN TOWER, 73, MRC NAGAR MAIN ROAD, MRC NAGAR, CHENNAI 600 028

JUDGEMENT

(1.) The suit in C.S. No. 483 of 2012 has been filed by M.V.R.S. Prasad, for a permanent injunction restraining the 1st Defendant from in any manner exhibiting exploiting and/or distributing the Tamil feature film "Kavalan" starring Vijay and Asin and others in it's Television Network or in any other Television Network, Direct Home Broadcast, Direct Satellite Service, Terrestrial Television Broadcast and/or in any form of satellite telecasting or broadcasting by means of wireless diffusion and communication to the public all over the world; and (ii) for costs of the suit.

(2.) Brief facts of the plaintiff's case are as follows :-

(3.) It is the age-old trade practise film parlance and trade that without the issuance of no objection letter from the laboratory letter holder or the charge holder, the laboratory will not release the other part with the negatives both sound and picture or any other peripherals of a film processed in the laboratory to any other party or parties. Interim application for payment out has been filed by the first defendant/plaintiff in C.S.No. 402 of 2011. There is no privity of contract between the plaintiff and the third defendant. The plaintiff is a charge holder for the suit film in respect of various territories including satellite territory in respect of which the plaintiff is holding clear and categorical letters issued by the producer and borrower i.e. the second defendant, the suit film processing laboratory i.e., the fourth defendant and the alleged purchaser of the copyright in the suit film for the territory of satellite Telecasting and Broadcasting i.e. the first defendant.