LAWS(ALL)-2021-8-197

UDAY PRAKASH Vs. ANAND PANDIT

Decided On August 27, 2021
Uday Prakash Appellant
V/S
Anand Pandit Respondents

JUDGEMENT

(1.) This is a plaintiff's appeal from an order of Mr. Jitendra Kumar Sinha, the learned District Judge, Ghaziabad, rejecting his application for temporary injunction in a suit for infringement of copyright.

(2.) The suit was instituted, complaining infringement of a copyright owned by the plaintiff relating to a story-screenplay-dialogues for a feature film, registered with the Copyright Office at New Delhi under Registration No. L-28822/2007 dtd. 16/7/2007. The literary work aforesaid was registered under the name of 'Highway-39'. The aforesaid literary work shall hereinafter be referred to as the 'copyrighted work'. The suit, wherein the temporary injunction application was made, was instituted some time in the month of December, 2019 and registered on the file of the learned District Judge, Ghaziabad as Suit no.2 of 2019. The following reliefs have been claimed in the suit against the two defendants, who are the respondents here:

(3.) It would be apposite to give a more detailed account of the facts giving rise to this appeal. The plaintiff-appellant, Uday Prakash, who shall hereinafter be referred to as the 'plaintiff', is claimed to be a Hindi Poet, Scholar, Filmmaker, Journalist and one who has worked as a Professor with Central Universities. The plaintiff also claims to have worked as an Administrator with the Government of India, but which department, is not explicit in the plaint. He also says that he has been an Editor, Researcher and Television Director with the National and Private TV Channels. He writes for major national dailies and periodicals on issues of social and cultural significance. There is an elaborate pleading by the plaintiff, showing his established scholarly status, besides an impressive list of accolades that stand to his credit in the form of prestigious literary awards and literary works of repute.