MOSERBAER INDIA LTD Vs. MODERN CINEMA

JUDGEMENT

(1.) THIS order shall dispose of the application being LA. No. 2196/2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) filed by the plaintiff to confirm the ad interim order dated 19th February, 2008 and LA. No. 3224/2008 under Order XXXIX Rule 4 of the CPC filed by the defendant for vacation of the above-mentioned interim order.

(2.) THE plaintiff has filed the present suit for permanent injunction restraining infringement of copyright, rendition of account, passing off, delivery up, damages etc. against the defendant.

(3.) THE cause of action in the present case arose when the plaintiff came to know that the defendant h d wrongly, illegally and without any license from the plaintiff published the above mentioned 70 cinematographic films and had illegally and unauthorizedly recorded the aforesaid cinematographic films without any license or consent from the plaintiff.