SANJAY LALWANI Vs. JYOSTAR ENTERPRISES AND ORS.

JUDGEMENT

(1.) This Original Application has been filed grant of interim injunction in respect of Copyright of Satellite Rights and theatrical rights of a film in Hindi and other North Indian Languages Dubbing Rights and other Rights from being alienated and telecasted.

(2.) According to the applicant, they entered into a Deed of Assignment with the respondents 1 to 3 on 21.10.2017 and fulfilled the payment of consideration on 16.11.2017. In the meanwhile, the respondents 1 to 3 have executed a Deed of Assignment in favour of the fourth respondent on 09.11.2017. The said execution of the Deed of Assignment in favour of the fourth respondent is in contravention of the Deed of Assignment dated 21.10.2017. Immediately, on knowing the same, the applicant has caused a legal notice on 20.11.2017 to the respondents 1 to 3, to which, the first respondent, by their letter dated 23.11.2017, agreed to cancel the Deed of Assignment executed in favour of the fourth respondent. In spite of the same, the fourth respondent is continuing to violate the rights conferred in his favour and approached the fifth respondent in the first week of November 2018 and alienated the Satellite rights of the said film to the fifth respondent and the fifth respondent is attempting to telecast the film in their television.

(3.) Per contra, the fourth respondent would contend that no prima facie case has been made out the and the application under Section 9 of the Arbitration and Conciliation Act, 1996, itself is not maintainable as the dispute regarding Copyright Assignment, pertains to right in rem and as such, it is not arbitrable. The fourth respondent has purchased the Copyright by a Deed of Assignment dated 09.11.2017 by remitting the sale consideration in one shot. Since all rights in respect of the said film has been assigned in favour of the fourth respondent in sole and exclusive basis, she has every right to enjoy the same. The first and third respondents had not written any letter to the fourth respondent seeking cancellation of the agreement and the Deed of Assignment executed in her favour is still in force and subsisting.