S VIJAYARAGHAVAN Vs. SELLAPPAPPA KEERAN

JUDGEMENT

(1.) THE Original Application is filed for interim injunction restraining the respondent and her men from in any manner copying, recording, publishing, marketing, editing or doing any other act so as to infringe the copy right of the applicants in the works detailed in the schedule.

(2.) THE respondent has filed suit for declaration of her title as owner of copyright in the works of her husband late Pulavar Keeran (by virtue of inheritance) and consequent injunction restraining from the applicants and their men illegally exploiting the works of late Keeran. THE suit is in part-heard stage. THE applicants/defendants have filed this application under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rule 1 and 2 of C.P.C., for a temporary injunction.

(3.) IT is the contention of the applicants that the first respondent has approached the Late Pulavar Keeran for the purpose of recording and selling audio cassettes of religious discourses and lectures of Late Pulavar Keeran and he demanded an outright payment of Rs.2,500/- for every discourse to be recorded in a single cassette for which the first respondent agreed for the same. This allegation is available in the written statement and in the reply notice issued by the first defendant which is marked as Ex.P.2. The written statement further goes to say that the above said was the manner and method in which the business transactions between the Late Keeran and the defendants were conducted. Hence it is patent that the copy right was not transferred to the applicants by means of any written assignment. The above said allegations in the reply notice and written statement do not indicate the date on which both Late Keeran and first defendant entered into the agreement.