(1.) O.S.A. No.232 of 2009 has been preferred challenging the order dated 27.07.2009 passed in Original Application No.940 of 2008 in C.S. No.814 of 2008. O.S.A. No.23 of 2010 has been preferred against the order dated 29.01.2009 passed in Application No.4331 of 2008 in C.S. No.814 of 2008. By order dated 29.01.2009 passed in A.No.4331 of 2008, the learned Single Judge dismissed the application of the appellant in O.S.A. No.23 of 2010 for getting itself impleaded in the suit for infringement of copy rights laid by the appellant in O.S.A. No.232 of 2009. By order dated 27.07.2009, in the application of the appellant in O.S.A. No.232 of 2009 seeking an order of ad-interim injunction restraining the respondents in the said suit from in any manner infringing the copyrights of the appellant relating to Kudiyarasu and other scripts, books, publications pending suit, the learned Single Judge dismissed the application. As the issues involved in both these appeals are interconnected, both the appeals are disposed of by this common judgment.
(2.) According to the appellant in O.S.A. No.232 of 2009, (hereinafter referred to as "the appellant"), it is a Public Charitable Society (Trust) registered under the Societies Registration Act, 1860, that Thiru. Erode Venkatanaickar Ramasamy, popularly known as Thanthai Periyar, was the founder and member of the appellant-trust, which was registered on 23.9.1952, that he was the Life President of the appellant trust, that Thanthai Periyar endowed his literary works and as its original owner along with other properties endowed them to the appellant trust, that he was also carrying on the paper publication, that by operation of law, the appellant trust became the copyright owner of all the literary works of Thanthai Periyar. It is claimed by the appellant trust that as per the Memorandum and Articles of Association of the appellant trust and also its Rules and Regulations, the appellant trust became an exclusive and absolute owner of all the literary works of late Thanthai Periyar. It is claimed that the speeches, writings and other literary works of Thanthai Periyar were periodically published in the Weekly called Kudiyarasu owned by Thanthai Periyar from the year 1925. It is further claimed that the literary works of late Thanthai Periyar from 1925 was arranged chronologically and subject wise by a team of persons nominated by the appellant trust on 02.05.1983 headed by one Thiru.G.Imayavaramban which team carried the work of compiling the literary works of Thanthai Periyar which was later on transferred into compact Disc as well as in book form, to which the appellant-trust became an exclusive owner and consequently, possessed copyrights from the original owner late Thanthai Periyar. It is stated that the respondents in OSA.No. 232 of 2009, (hereinafter referred to as 'the respondents'), by collecting the compilation made by the appellant trust, intended to publish the same on 17.9.2008 and since the said attempt of the respondents would infringe the exclusive copyrights of the appellant trust, it had come forward with the present suit for permanent injunction to restrain them and any one acting on their behalf from in any manner infringing the copyrights of the appellant trust relating to Kudiyarasu and other scripts, books, publications etc.
(3.) The cause of action, according to the appellant trust was an interview published in a bi-weekly called "Kumudam Reporter" dated 21.08.2008. It was published under the caption 'Periyar Yaaruku Sontham', wherein it was disclosed that they intended to publish the Kudiyarasu on 17.09.2008. As such, the appellant sought for permanent injunction in the suit as well as sought for award of damages of Rs.15 lakhs. The appellant trust also filed an Application No.940 of 2008 for an ad-interim injunction pending suit.