JORDEN ELECTRONICS Vs. BOMBINO VIDEO P LTD

JUDGEMENT

(1.) This application under Order 39 Rules 1 & 2 Code of Civil Procedure has been filed by the plaintiff in its suit for mandatory and permanent injunction, declaration, rendition of accounts, damages and delivery of infringing material urging infringement of the plaintiffs copyrights in respect of 23 Hindi films. The plaintiff has asserted exclusive rights based on purported assignments of copyright in favour of the plaintiff by producers and alleged copyright holders therein.

(2.) The claim of the plaintiff is vehemently disputed by the defendant who has taken a strong objection even to the maintainability of the lis, as the suit has been filed without joining the producers of the films. The defendant has also set up a claim of having exclusive copyright in five of the films relying on agreements in its favour.

(3.) I have heard learned counsel for the parties at great length and considered the material on record. In order to adjudicate on the respective contentions and the merits of the present application, it would be useful to consider the respective claims and contentions based on the rights claimed in the individual films.