RAMESH SIPPY Vs. PEN INDIA PVT LTD

JUDGEMENT

(1.) This application has been filed by the plaintiff under Order XXIII Rule 1 read with Section 151 CPC praying inter alia for permission to unconditionally withdraw the accompanying suit filed against the defendants. Before dealing with the present application, it is necessary to briefly advert to the sequence of events from the date of institution of the case.

(2.) The plaintiff has instituted the accompanying suit against the two defendants praying inter alia for the relief of perpetual injunction, for restraining them from proceeding further with the making of the 3D version of the cinematograph "Sholay" and if its making was complete, then the said version be not distributed, exhibited or exploited in any manner. The plaintiff has also sought the reliefs of delivery up, damages, etc., against the defendants.

(3.) The present suit was filed by the plaintiff on 5.10.2012, but was returned under objections on two occasions and the same finally came to be listed in Court for admission on 16.11.2012. On the aforesaid date, though there was no caveat, appearance was entered on behalf of the defendants by Ms. Pratibha M. Singh, Advocate and she had contested the suit on the ground that it is bad for non-joinder of necessary parties, i.e., a company by the name of Sholay Media and Entertainment Pvt. Ltd., who was stated to be the owner of the copyright in the film "Sholay" and had entered into an Agreement dated 20.7.2011 with the defendant No.1, permitting the latter to make a 3D version of the said film.