PRASAD FILM LABORATORIES Vs. G V FILMS LIMITED

JUDGEMENT

(1.) THE above Original Side Appeal has been filed against Order of learned Single Judge dated 25-2-2005 made in O. A. No. 789 of 2004 in C. S. No. 749 of 2004 in and by which the learned Judge appointed the first respondent therein/appellant herein and the counsel for the fourth respondent therein as Joint Receivers for the Tamil Film "ullam Ketkkume". The plaintiff/first respondent herein, namely, G. V. Films, instituted Civil Suit No. 749/2004 on the file of the Original Side of this Court against the appellant herein as first defendant and 17 others praying for permanent injunction restraining the defendants from interfering with the absolute Copyright of the plaintiff over the Tamil cinematograph film, "ullam Ketkkume" by preventing in any manner the release and exploitation of the said film. The plaintiff has also prayed for mandatory injunction directing the first defendant laboratory to deliver prints of the Tamil cinematograph film "ullam Ketkkume" to the plaintiff or such other persons named by this Court notwithstanding any claim by the first defendant or any other defendants and subject to any condition that this Court might impose for keeping of an account of all realisations from exploiting the said film and preserving such realisations intact separately till the claims of all the defendants herein are adjudicated upon.

(2.) IN the said suit the plaintiff has also filed Original Application No. 789 of 2004 praying for appointment of joint receivers, one of whom could be a representative of the applicant/plaintiff company and the other could be a representative of the respondents, to take charge of the negatives and all the 72 number of positive prints of the Tamil cinematograph film, "ullam Ketkkume" from the first respondent's laboratory, book appropriate theatres all over Tamil Nadu, release such prints in such theatres, submit to this Court accounts of all collections from exploitation of such prints and deposit such collections every week into this Court after deducting taxes, theatre rent and lawful expenses involved in exploiting the picture subject to the result of and pending disposal of the suit. The said Application was resisted by the first respondent therein/appellant herein by filing counter affidavit. By the impugned order dated 25-2-2005, the learned Judge, after considering the claim of both parties, particularly taking of the fact that the financial position of the petitioner/plaintiff and of the fact that all the respondents/defendants who are creditors entitled payment more particularly the first defendant laboratory got lien over others, passed an order appointing the first respondent-Prasad Film Laboratories and Mr. P. Jerome Pushparaj, counsel for 4th respondent therein as joint receivers for the Tamil Film "ullam Ketkkume" and also issued certain other directions for exhibition of the said film in 72 theatres and keep the collection by filing statement of the Court and posted the said application to 14-6-2005 for further hearing. Questioning the said order, Prasad Film Laboratories/first respondent therein, have filed the above appeal.

(3.) HEARD Mr. Srinivasa Raghavan, learned senior counsel for the appellant and Mr. K. Ravi, learned counsel for first respondent in this Appeal.