INTERNATIONAL FILM DISTRIBUTORS Vs. RISHI RAJ

JUDGEMENT

(1.) THIS appeal is directed against the order dated 18th January, 2002 passed by the learned Single Judge of this Court whereby the appellant's (hereinafter referred to as 'defendant") application under Order 7 Rule 10 of the CPC being I.A. No. 8262/2000 seeking return of the plaint to the respondent (hereinafter referred to as "plaintiff") to be presented in the court having proper jurisdiction was dismissed and plaintiff's application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 being I.A. No. 7236/2000 seeking injunction restraining the Defendant, its employees, agents and representatives from in any manner interfering in the negative rights, sole and exclusive commercial and non-commercial video rights in all formats, including CVD, DVD, satellite and television rights (both terrestrial and extra- terrestrial), cable T.V. rights, pay T.V. rights and the available theatrical rights for all India and overseas territories i.e. the entire world including India, in picture "KOHINOOR" till the disposal of the suit has been allowed.

(2.) BRIEF facts relevant for deciding this appeal are that the plaintiff is carrying on the business of film distribution, exhibition and exploitation of cinematographic films and is also dealing in satellite right and negative rights of cinematograph films.

(3.) ONE M/s A.G. Exports who were already enjoying the rights of the above said movie made an offer of Rs. 75,000/- on 1st June, 2000 to the Official Assignee for acquiring the sole and exclusive rights for further 10 years from 1st January, 2000.