SUPER CASSETTES INDUSTRIES LIMITED Vs. CHINTAMANI RAO

JUDGEMENT

(1.) By this order I propose to dispose of the aforesaid interim applications preferred under Order 39 Rules 1 & 2 CPC in the three suits mentioned above.

(2.) CS(OS) 2282/2006 has been filed by Super Cassettes Industries Limited (hereinafter referred to as 'Super Cassettes'), which is engaged in the business of producing and marketing of audio cassettes, video cassettes, compact discs, televisions, CD players etc., The plaintiff is the proprietor of the T-series brand of music cassettes and CDs. The plaintiff claims copyright in cinematographic films and sound recordings in a large number of literary, musical and cinematographic works. The plaintiff claims that it gives licenses to other broadcasting organizations for use of the works in which it has copyright. The defendants in the suit are Shri Chintamani Rao, the Chief Executive Officer of defendant no.3 Independent News Services Pvt. Ltd. (India TV for short). Defendant no.2 Shri Rajat Sharma is the Chairman of defendant no.3. The plaintiff in the suit seeks a permanent injunction to restrain the defendants from, inter alia, engaging in public performance/communication to the public, reproduction, recording, distributing, broadcasting or otherwise publishing or exploiting any cinematographic films, sound recordings, literary works or musical works in which the plaintiff owns the copyright. The plaintiff has filed I.A. No. 13741/2006 under Order 39 Rules 1 & 2 read with Section 151 CPC to seek an interim injunction in the aforesaid terms, during the pendency of the suit.

(3.) CS(OS) 2283/2006 has been preferred by Yashraj Films Private Limited (hereinafter referred to as 'Yashraj Films'). The plaintiff states that it is a leading film producer in India. Its activities extend to the small screen i.e., television and distribution of its musical works and sound recordings. It also distributes its cinematographic films and DVD format and its music in compact discs (CDs). The plaintiff also gives licences to other broadcasting organizations for use of the works in which it enjoys copyright. The defendants in this suit are the same as those in CS(OS) 2282/2006 namely Shri Chintamani Rao, CEO, Independent News Services (P) Ltd. (India TV), Mr Shri Rajat Sharma, Chairman, India TV and Independent News Services Pvt. Ltd. (India TV). The reliefs sought in this suit is that of a permanent injunction to restrain the defendants from recording, distributing, broadcasting or otherwise publishing or, in any other way exploiting the films "Bunty aur Babli" and "Salaam Namaste" or any song or other work or part thereof incorporated in the said cinematographic films, or doing any other act which could lead to infringement of copyright in the said films and the works incorporated there. A further injunction is sought to restrain the defendants from performing or communicating to the public, recording, distributing, broadcasting or otherwise publishing or in any way exploiting any cinematographic film, song or other work or part thereof, the copyright whereof is owned by the plaintiff or from doing any other act which could lead to infringement of the copyright in the works owned by the plaintiff. The plaintiff in this suit has preferred I.A. No. 13743/2006 under Order 39 Rules 1 & 2 read with Section 151 CPC to seek interim injunction in the same terms in which the final relief is sought. In neither of the aforesaid two suits and interim applications, the Court has granted any ad-interim order of injunction till date.