KALEIDOSCOPE INDIA PRIVATE LIMITED Vs. PHOOLAN DEVI

JUDGEMENT

(1.) . At the outset, we have to mention why we are taking up this CM, even though we are proposing to hear the main FAO within a short date, i.e. may be within a fortnight. Firstly, when the FAO came up before us, we were in several part-heard cases, one of which was remitted by the Supreme Court for urgent disposal and another was a preventive detention case. Even as and when the main FAO is taken up, time would be taken for arguments and for the preparation of the judgment. In the meantime, the respondent contends that she is seriously aggrieved by the ad interim partial suspension order dated 22-12-94 passed by the Vacation Judge suspending the injunction granted by the trial Judge, resulting in the uncensored version of the film 'Bandit Queen' being exhibited abroad. "Die order allowing exhibition abroad was passed at the instance of appellants (defendants 1 and 6) who, according to plaintiff, had admittedly no rights of exhibition abroad. Before the FAO could be disposed of, the application of the appellants treating the film as a foreign language film is being considered by various Committees abroad for nomination for the Oscar award at Los Angeles. As a plea of violation of valuable rights of the plaintiff was raised and a contention was also raised that the appeal stood virtually allowed at the admission stage for exhibition abroad, we have taken up the CM separately.

(2.) The suit was filed for permanent injunction against five defendants and the 6th defendant was impleaded later. The 1st defendant (Mr. Shekhar Kapoor) is the Director, the 2nd defendant Mr. Bedi is the producer and a person entitled to exhibition of the film only in India (2nd appellant) and, he is M.D. of Kaleidoscope(P) Ltd. which is the 6th defendant (1st appellant). The 3rd defanedant Channel four it the owner of the rights of exhibition abroad (except India). The 4th defendant, Ms. Mala sen is the script writer who prepared the same from the prison diaries of Phoolan Devi whose contents are dictations by Phoolan Devi to her fellow prisoners about her life events. There are agreements between Phoolan Devi and Channel four, Phoolan Devi and Mala Sen and Mala Sen and Channel Four. Channel Four is the owner of the film and rights of the script and it got the film produced by the appellants and granted them only limited rights of exhibition in India. Mala Sen has a right to 2 per cent of income of exhibition outside India.

(3.) In the suit, the learned trial Judge initially passed an order on 9-9-94 prohibiting exhibition in India, public as well as private.