ACHLA SABHARWAL Vs. A SAPTRISHI FILMS & ORS

JUDGEMENT

(1.) The present appeal has been filed under Section 104 read with Order 43 Rule 1 and Section 151 of the Code of Civil Procedure, 1908 ("CPC") challenging the impugned order dated 22.12.2016 passed in Suit No.888/2016 by the court of Ld. Additional District Judge-3, Central District, Tis Hazari Court, Delhi ("ADJ") by which the plaint was ordered to be returned to the appellant/plaintiff to be presented before the court of competent jurisdiction.

(2.) The facts leading up to the filing of the Plaint are that the respondent no.1 being the producer of the film "BETI No.1" assigned its' copyright to the appellant under the "Articles of Agreement of Transfer" dated 16.01.2004. The said agreement provides that no person other than the appellant shall be entitled to do any act in respect of the said film. The appellant claims to have become the exclusive owner of the copyright of the said film in terms of Section 18 of the Copyright Act, 1957.

(3.) A public notice was issued in "Complete Cinema" on 05.11.2016 by the respondent no.2/defendant no.2 informing the general public that it had acquired the exclusive rights regarding the said film from the respondent no.1. The appellant sent a letter dated 08.11.2016 informing the respondent no.2 that he is the sole owner of all rights in respect of the said film in terms of the "Articles of Agreement of Transfer" dated 16.01.2004 and that the Respondent no.2 should not acquire or deal with any right qua the said film. In its' reply, the respondent no.3 stated that the said notice dated 05.11.2016 was issued by the respondent no.2 on behalf of the respondent no.3 and vide Deed of Assignment dated 02.11.2016, the respondent no.1 had assigned its rights in the said film.