LAWS(MAD)-2010-2-655

SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD REPRESENTED BY ITS DIRECTOR OPERATIONS V C PRAVEEN HAVING ITS OFFICE Vs. M/S JOHNY SAGARIGA CINEMA SQUARE REPRESENTED BY JOHNY THOMAS KERALA & OTHERS

Decided On February 21, 2010
Sree Gokulam Chit And Finance Company (P) Ltd Represented By Its Director Operations V C Praveen Having Its Office Appellant
V/S
M/S Johny Sagariga Cinema Square Represented By Johny Thomas Kerala And Others Respondents

JUDGEMENT

(1.) Pending suit for a declaration that the Plaintiff is the absolute owner of the copyrights in the Malayalam Cinematographic Film "Body Guard", under an Agreement dated 22.1.2010 and for consequential reliefs of permanent injunction as well as for recovery of a sum of Rs. 1,88,58,187/-, the Plaintiff has come up with 3 applications, in O.A. Nos. 1225, 1226 and 1227 of 2010, praying inter alia for (i) an interim injunction restraining the Defendants 2 and 3 from in any way dealing with the negative and positive prints of the remake Tamil version of the aforesaid Malayalam feature film titled "Kavalan" from the fourth Defendant (ii) an interim injunction restraining the fourth Defendant from in any way parting with the negative and positive prints of the aforesaid film to Defendants 2 and 3 and (iii) an interim injunction restraining the Defendants 2 and 3 from in any way releasing or causing to release for exhibition, the Tamil film "Kavalan".

(2.) I have heard Mr. T.V. Ramanujun, learned Senior Counsel for the Plaintiff, Ms. P. Meghana Nair, learned Counsel for the first Defendant, Mr. P.S. Raman, learned Senior Counsel for the second Defendant, Mr. V. Raghavachari, learned Counsel for the third Defendant and Mr. R. Sargunaraj, learned Counsel for the fourth Defendant.

(3.) In brief, the plaint proceeds on the following lines: