LALGUDI G JAYARAMAN Vs. CLEVELAND CULTURAL ALLIANCE

JUDGEMENT

(1.) PENDING suit for a declaration that they are the joint owners of the entire copyright in the work titled "JAYA JAYA DEVI", a dance ballet and for a permanent injunction restrain -ing the defendants from in any manner stag -ing the said dance ballet in a manner infringing their copyrights, the plaintiffs have come up with the application O.A.No.1370 of 2007, seeking an interim order of injunction restraining the respondents from in any man -ner staging the dance ballet and infringing their copyrights. Along with the suit, the plaintiffs have also filed an application in A.NO.8120 of 2007 under Order II Rule 2 CPC, seeking leave to omit to sue for damages on the same cause of action.

(2.) ON 20.12.2007, an exparte interim order of injunction was granted in O.A.No.1370 of 2007 by this Court. In A.No.8120 of 2007, this Court ordered notice. After service of notice, the respondents have entered appearance and have come up with the application A.No.35 of 2008 for vacating the interim order of injunction.

(3.) IT is the further case of the plaintiffs that the first defendant, through its then Vice President, staked a claim over the copyrights of the dance ballet, as early as in 1994 through a letter dated 27.12.1994, but the claim was retracted by the then President of the first de -fendant, by a letter dated 04.01.1995. Again on 02.12.1998, a claim was made on the basis of an agreement, but no such agreement was produced, when demanded by the plaintiffs through counsel.