SHRIRAM BHARATIYA KALA KENDRA Vs. SHUBHA MUDGAL

JUDGEMENT

(1.) This is an application for amendment of plaint. The plaintiff wants to make amendments in paras 5, 8, 10, 11 and 22 of the plaint.

(2.) This is a suit for permanent injunction, rendition of accounts and delivery up etc. The case of the plaintiff is that the defendant No. 1 who is an artist of repute and a well-known personality in the world of music and theatre was associated with it since the year 1993 when the plaintiff got musical pieces composed by her for consideration, for dance dramas titled "Parikrama", "Krishna Katha", "Bandish", "Meera" and for the Shankar Music Festival. It has been alleged in para 8 of the plaint that in the year 1995, the plaintiff commissioned defendant No. 1 to compose certain musical pieces for a dance drama to be produced by the plaintiff under the title "Meera" for which she was duly remunerated. She composed musical pieces to blend with the appropriate sequence of the dance drama and thereafter the plaintiff made sound recordings with the combination of music, lyrics, choreography and the artists. The plaintiff claimed to be the owner of the sound recordings in terms of Section 2(uu) of Copyright Act, 1957, as amended w.e.f. 10.05.1995.

(3.) It is further alleged in the plaint that the plaintiff came across audio-cassettes being sold by defendant No. 2 under the title "Shubha Mudgal u Ali More Angna" and on listening the aforesaid cassette, the plaintiff realized that defendant No. 1 had sung the same composition in the cassette which she had prepared for the plaintiff for its dance drama titled "Meera" in the musical work. It has also been alleged that in her letter dated 18.07.1996 sent to one Mr. Jawahar Wattal, defendant No. 1 had stated that the plaintiff was the owner of the musical composition titled "Dhaaram Sarikha" which was composed by her for the plaintiff.