VIJAY ABBOT Vs. SUPER CASSETTES INDUSTRIES

JUDGEMENT

(1.) The plaintiff has instituted this suit for (a) permanent injunction to restrain the ten defendants, being the producers, director and others, connected with the film "KhandaniShafakhana" slated for release on 2nd August, 2019, from releasing the film "KhandaniShafakhana" and/or from using the plaintiff's proprietary material amounting to dilution thereof and/or passing off; (b) mandatory injunction directing the defendants to change and remove the title of the film from that of "KhandaniShafakhana" to any other title not similar or deceptively similar to the plaintiff's proprietary material and to remove or any other similar marks; and, (c) for recovery of Rs.2 crores.

(2.) The suit along with the applications for interim relief and under Order II Rule 2(3) of the Code of Civil Procedure, 1908 (CPC) came up before this Court first on 23rd July, 2019 when though I was not prima facie satisfied with the rights claimed by the plaintiff but being concerned whether the title of the film causes any damage to the reputation of the plaintiff, suggested to the counsel for the defendant/caveator, to before the scheduled release of the film, allow viewing thereof by the plaintiff and his counsel as well as the senior counsel briefed.

(3.) The counsel for the defendant/caveator, after taking instructions, agreed thereto expressing apprehension that the plaintiff and his counsels after watching the film and/or before the release thereof, may make statements to the public, media or otherwise about the film.