SHEMAROO ENTERTAINMENT LTD Vs. AMRIT SHARMA

JUDGEMENT

(1.) THE instant appeal lays a challenge to the order dated 16th May, 2012 passed in I.A. No.8837/2012 in CS(OS) No.1325/2012 whereby the learned Single Judge has dismissed the application filed by the appellant under Order XXXIX, Rules 1 and 2 CPC read with Section 151 of the Code of Civil Procedure, 1908, seeking interim order to restrain defendants No.1 to 4 and 7 from using the catch words of the song ,,Thodi Si Jo Pee Li Hai from the film ,,Namak Halal in their film ,,Department and from exploiting the audio rights of the film ,,Department containing the above portion, by way of DVDs, MP3, CDs etc.

(2.) THE appellant claims to be the exclusive holder of the copyrights and all rights, inter-alia, in the music and literary work comprised in the said work who has acquired all rights through assignment agreement executed by respondent No.6 and his successors-in-interest. The appellants contention is that respondent No.5 has absolutely no right to grant any licence or assignment to any person and respondents No.1 to 4 and 7 have used the said literary and musical work without the permission of the appellant, hence the copyright of the appellant is violated.

(3.) THE learned Single Judge by order dated 16 th May, 2012 dismissed the injunction application of the appellant, inter-alia, by prima-facie coming to the following conclusion:-