AMLA MAZUMDAR Vs. DINESH SHAILENDER

JUDGEMENT

(1.) THIS is an application filed under Order XII Rule 6 CPC to pass a decree in terms of the relief sought in the Plaint. The plaintiff has instituted the suit for permanent injunction for restraining the defendants from infringing the copyright, rendition of accounts etc.

(2.) ARGUMENTS have been heard. Defendants no. 3 to 8 are arraigned as proforma defendants and no relief is claimed against them. The Defendant no.1 and 2 did not file written statement and vide Order dated 10.02.2014 their right to file the written statement was closed. None has been appearing for the defendants thereafter. As none is appearing for the defendants even today, they are proceeded ex parte.

(3.) IT is the contention of the plaintiff that the plaintiff alongwith the Defendant nos. 1, 3 to 8 are the legal heirs of Late Mr. Shankardas Kesarilal who was popularly known by his pen name "Shailendra ji". It is contended that the plantiff's father "Shailendra Ji" is one of the most famous and revered Indian Hindi lyricist and poets of the 1950s and 1960s. It is stated that he has been associated with the most iconic hindi songs such as "Awaara hoon", "Ramaiya Vastvaiya", "Mera Joota Hai Jaapani", "Piya Tose Naina Lage" to name a few. He has also written various poems, some of which have been published and publicly recited.