RISHI RAJ Vs. GIRDHAR AGGARWAL & ORS

JUDGEMENT

(1.) The plaintiff has instituted this suit, pleading that (i) the plaintiff is carrying on business of distribution, exhibition and production of cinematographic films, as sole proprietor of M/s Raj Rishi Films; (ii) the defendant no.1 Girdhar Aggarwal is also carrying on business of distribution and exhibition of films as a sole proprietor under the name and style of M/s Sharad Trading Co.; (iii) the defendant no.2 Chandrakant Gor is a film producer and has produced several films including Balram Shri Krishna, Bajrangbali, Har Har Mahadev, Bolo He Chakradhari, Veer Bhimsen, Kabhi Dhoop Kabhi Chaaon, Zingaro and is the original copyright holder of the said films; (iv) the defendant no.3 Shree Navchitra Distributors P. Ltd. is carrying on business of film distribution; (v) defendant no.4 Ramnord Research Laboratories Pvt. Ltd. is the laboratory where negatives of various films produced by various producers are kept and from which lab release prints of the same are taken out; (vi) the defendant no.2, vide letter of arrangement dated 24th March, 1989, granted dubbing rights of films Balram Shri Krishna, Bajrangbali, Har Har Madadev, Bolo He Chakradhari and Veer Bhimsen to the plaintiff and the plaintiff has dubbed video of the said films in various languages including Rajasthani; (vii) the defendant no.2, vide Agreement dated 6th May, 2005 entered into with the defendant no.1, assigned all his rights including copyright as well as dubbing rights in all languages including in the films dubbing rights whereof vide arrangement dated 24th March, 1989, had been granted to the plaintiff; (viii) at the time of Agreement dated 6th May, 2005 between defendant no.2 and the defendant no.1, the negative of the film "Balram Shri Krishna" which was lying with defendant no.4, was transferred in the name of defendant no.3, for delivery instructions for reissue of 35 mm release prints for theatrical purpose; (ix) the defendant no.1 in turn assigned all rights acquired from the defendant no.2 in favour of the plaintiff vide Agreement dated 15 th February, 2007; (x) thus, now the plaintiff is the sole, absolute and exclusive owner of all copyrights in the seven films viz. Har Har Mahadev, Bajrangbali, Bolo He Chakradhari, Shri Krishna Shasrnamm, Veer Bhimsen, Kabhi Dhoop Kabhi Chhaon and Zingaro; (xi) the plaintiff in turn granted various rights in the said films to others; (xii) the defendant no.3, who had been transferred the negative of the film "Balram Shri Krishna" only for the purpose of issuing delivery instructions for release prints of 35 mm, illegally claimed other rights therein against the persons to whom the plaintiff had assigned the same; (xiii) when the plaintiff went to the defendant no.4 for preparing a beta tape and to utilize the negative of the film Balram Shri Krishna, the defendant no.4 refused the plaintiff on the pretext that unless the defendant no.3 issued a letter of instructions in this regard, the defendant no.4 could not do so; (xiv) the defendant no.3 has also been writing letters to other customers of the plaintiff claiming rights which were never assigned to him; (xv) the defendant no.3, on the basis of the letter dated 11th September, 1984 of the defendant no.2 in his favour cannot claim other rights which he has been claiming.

(2.) The suit came up first before this Court on 25th June, 2007 when, while issuing summons thereof, vide ex parte order the defendants no.3 and 4 were restrained from preparing and / or circulating any beta tapes or VCD, DVD or video cassettes from the negative of the film "Balram Shri Krishna" and circulating the same.

(3.) None appeared for the defendants no.2 and 3 despite service and the defendants no.2 and 3, vide order dated 25th July, 2007, were proceeded against ex parte. The defendant no.3 thereafter applied for setting aside of the ex parte and which was allowed on 27th August, 2007. The counsel for the defendant no.4, on 5th May, 2008 stated that no written statement was required to be filed. The defendant no.2 also applied for setting aside of the ex arte and which was allowed on 22nd August, 2008 and written statement permitted to be filed.