SULAMANGALAM R JAYALAKSHMI Vs. META MUSICALS CHENNAI

JUDGEMENT

(1.) Sulamangalam R. Jayalakshmi and the Gramophone Company of India Limited, Chennai have filed this application in O.A. No. 283 of 1999 pending disposal of the suit in C.S. No. 319 of 1999 for declaration and for other reliefs, seeking for interim relief through an order of interim injunction restraining the respondents/defendants from in any manner reproducing the Kandha Sashti Kavacham and Kandha Guru Kavacham in audio cassettes or Compact Disc or any other media using the name of the first plaintiff and her deceased sister, Sulamangalam Rajalakshmi as singers on the cover of the package of the audio cassette or title of the Company Disc or infringing copyright in respect of Skanthaguru Kavacham exclusively belonging to the applicants in audio cassettes or any other media using in the name of the Sulamangalam sisters.

(2.) This Court by the order dated 12-5-1999 issued notice returnable by 7-6-1999. There are totally eight respondents. They entered appearance in different groups and filed respective counters through different counsel. For the disposal of this application, opportunity was given to the counsel for the parties, who have elaborately argued on the strength of the respective affidavits filed by them.

(3.) The case of the applicants, in brief, as culled out from the plaint and affidavit filed by the applicants, is as follows :-