MIRABAI FILMS PVT LTD Vs. SITI CABLE NETWORK

JUDGEMENT

(1.) The 'Monsoon Wedding' may have come and gone but the litigation generated by it was still raging. The present controversy though rendered irrelevant in the course of time relates to rejection of appellant's request for interim injunction to restrain respondents and their distributors, franchisees and assignees from unauthorisdely telecasting/screening this film on their cable networks.

(2.) Appellant is the producer of the film and respondents are cable television network operators providing cable television network, cable internet access and other several related services in several parts of the country through their associate/subsidiary companies, distributors, franchisees, assignees, head ends and cable operators. Both are engaged in shadow-boxing over the apprehended piracy of the film.

(3.) It appears that before the film was released, appellant filed injunction suits in a per-emptory action to restrain respondents and their distributors, franchisees and assignees from unauthorisedly telecasting/screening it and also filed applications for temporary restraint orders in this regard. While doing so, appellant claimed that it was the marker of the film and owned its copyright and enjoyed its exclusive rights of marketing, distribution, exhibition, makings of its copies and selling these or giving on hire and of communicating the film by all available modes and means including the cable networks. The company alleged that respondents were habitual offenders in telecasting pirated copies of films and were out to do so in case of 'Monsoon Wedding' also and if not restrained, it would cause irreparable injury and loss to the company and deprive it of enjoying the fruits of its work.