SHIVANI TIBREWALA Vs. RAJAT MUKHERJEE

JUDGEMENT

(1.) The Plaintiff has fled the present suit alleging infringement of copyright by the Defendants in the Plaintifffs script of the play 'The Laboratoryf, the script of a cinematographic flm based on the script of the play, the revised script/refned version of the script of the cinematographic flm and the Plaintifffs further work towards a screenplay running into 90 pages which has been fled in a sealed cover in the Court. These are hereinafter referred to as "the Plaintifffs work".

(2.) The case of the Plaintiff as crystalized in the Written Submissions is that the Defendantsf flm "Umeed" is a substantial reproduction and/or an altered copy of the Plaintifffs works and violates the Plaintifffs copyright in her literary works. It is the Plaintifffs contention that if one were to read the play script and the flm story and thereafter watch the Plaintifffs play and the Defendantsf flm, one would walk away with the unmistakable impression that the Defendantsf flm is nothing but a substantial and material copy of the Plaintifffs works.

(3.) The Plaintiff has fled the present Notice of Motion in the Suit seeking restraint on the release of the flm produced by the Defendants.