NEHA BHASIN Vs. ANAND RAJ ANAND

JUDGEMENT

(1.) Justice is constant and perpetual will to render to everyone that to which he is entitled -- Justinian"s Corpus Juris Civilis The plaintiff (Neha Bhasin), a singer, claims that her voice has been used by the defendants for the three versions1 of the song "ek look ek look" in the forthcoming hindi feature film "Aryan " unbreakable" produced by the defendant no.2 (Poonam Khubani). What is more, the plaintiff alleges, the defendant no.2, in connivance with the music director (defendant no.1-Anand Raaj Anand), has shown herself to be the singer alongwith the defendant no.2. The plaintiff has been shown as a backup vocalist in all the three versions of "ek look ek look". The credits for the three versions are apparent from the jacket/inlay card of the audio compact disc of "Aryan " unbreakable" and are as under: 3. EK LOOK EK LOOK Remix Version Poonam Khubani and Anand Raaj Anand Backup Vocals : Earl / Neha / Praful / Devesh Remix By : Praful Karlekar 6. EK LOOK EK LOOK Poonam Khubani and Anand Raaj Anand Backup Vocals : Earl D'Souza / Neha Basin 9. EK LOOK EK LOOK Dhol Mix Poonam Khubani and Anand Raaj Anand Backup Vocals : Earl D'Souza / Neha Basin The plaintiff alleges that (1) she has sung the song in all the three versions as the lead singer and it is her voice which has been recorded and is heard when the song is played; and (2) that defendant no.2 (Poonam Khubani) is not the lead singer and, in fact, it is not her voice at all. In sum and substance, the plaintiff claims that instead of defendant no. 2's (Poonam Khubani's) name, her name should have been shown as the lead singer and that her name has been mischievously shown only as a backup vocalist. In other words the plaintiff alleges that her voice has been "stolen" and falsely attributed and held out to be that of defendant no. 2 (Poonam Khubani).

(2.) In this background the plaintiff has filed the present suit seeking inter alia a decree of permanent injunction in favour of the plaintiff and against the defendants, their dealers, distributors, stockists and all other persons acting on their behalf from using, selling, distributing, exhibiting the motion picture as well as audio cassettes, compact discs, promos of the film "Aryan - unbreakable" containing the song "ek look ek look" without displaying the name of the plaintiff as the lead singer. The plaintiff has also prayed that the defendants be further restrained from advertising and giving the name of the defendant no. 2 as the lead singer of the said song "ek look ek look" in all the three versions. The plaintiff has also sought a decree for damages and rendition of accounts. For the present I am concerned with two applications -- IA 2647/2006 and IA 3177/2006. The first of which is an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 filed on behalf of the plaintiff for interim injunction. The second application has been filed on behalf of the defendants under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 for vacating the ex parte ad interim order passed by this court in IA 2647/2006 on 07.03.2006. By that order the defendants were restrained from using, selling, distributing, exhibiting, advertising the motion picture as well as cassettes, CDs, promos of the film " Aryan unbreakable" containing the song "ek look ek look" without displaying the name of the plaintiff as the female singer.

(3.) It is alleged in the plaint that the plaintiff was approached by the defendants through her manager (Mr Manish Savant) for recording and dubbing of a song "ek look ek look". According to the plaintiff, as the defendant no.1 one was a well-known music director the plaintiff gladly agreed, in good faith, to the dubbing and recording of the said song for the defendants. No remuneration was settled and it was agreed that the plaintiff would be paid suitably after looking to the popularity of the song once it is released in the market. The the plaintiff was called for the said dubbing and recording at the studio "Wings" on 15.11.2004 The plaintiff reached the said studio as arranged and the first recording was done. Apparently the plaintiff's manager on or about 30.11.2004 was informed by the defendant no.1 that the song sung by the plaintiff was "very much appreciated" and that the same would be used for the motion picture "Aryan - unbreakable" and that the plaintiff would be required for final recording of the said song for the said film. Thereafter there was no news from the defendants for about four to five months when, one-day, the defendants called upon the plaintiff's manager to arrange for the immediate re- recording of the said song. On 22.3.2005 the plaintiff, alongwith her manager, once again went to the studio "Wings" when the second recording of the entire song was completed in the presence of the defendants with a fresh mode of lyrics. Shortly thereafter, the plaintiff was informed that the song was also approved by the director of the motion picture. The plaintiff was called for a final recording of the song with some modifications at "Nirvana" studio and the dubbing of the song was done with the backup vocals of Ms Sushan and a rap portion by Mr Earl D'Souza. This final recording of the song was done on 5.4.2005. It is further alleged that despite all the effort put in by the plaintiff, as mentioned above, the plaintiff was not paid any thing for the song and the defendants postponed the payment on the pretext that the plaintiff would be suitably compensated looking to the popularity of the song after it is released in the market.