SAREGAMA INDIA LIMITED Vs. MAHAL PICTURES PRIVATE LIMITED

JUDGEMENT

(1.) Heard arguments advanced by Shri Rahul Chitnis, counsel appearing for the the petitioner. None appears for the respondents though served.

(2.) By this revision application the petitioner is taking exception to the order passed by Judge, City Civil Court in S.C.Suit No. 3740/2000 decided on 8 th January 2002. This revision application is filed by original defendant No.3 who is holder of sole and exclusive musical recording rights in respect of several films including Pakeezah those have been assigned in favour of the petitioner company by the original producer/ copyright owner viz. respondent No.1/ original plaintiff under the agreement dated 13th February 1971. According to defendant No.3, the rights held by the company are sole and exclusive and in perpetuity. The defendant No.3 exploited ownership rights in respect of music of the film Pakeezah by making cassettes, records, VCDs etc. without there being any objection from the original plaintiff. The original plaintiff was paid royalty for all the activities conducted by defendant No.3 in consonance with the agreement entered into between them. The copyrights held by the petitioner/ original defendant No.3 are also registered with the Registrar of Copyrights under the provisions of the Copyright Act, 1957. The defendant No.3 in exercise of rights granted in his favour further granted a limited licence in favour of respondent Nos.2 and 3/ original defendant Nos.1 and 2 for exploiting two songs of the feature film Pakeezah in the feature film sought to be produced by defendant Nos.1 and 2. The respondent No.1/ original plaintiff objected for grant of licence in favour of defendant Nos.1 and 2 by defendant No.3 for exploiting/ use of two songs of the feature film Pakeezah. According to the plaintiff, assignment of rights is not in consonance with the agreement entered into between the plaintiff and defendant No.3 and the plaintiff being the owner of the copyrights is entitled to object for the use of songs by defendant Nos.1 and 2 in another feature film. In the pending suit, an application was tendered seeking an order of injunction restraining the defendants from using songs in the feature film which was granted by the trial Court on 9 th April 2001. The defendant No.3 preferred appeal from order challenging the interim order passed by the trial Court. The appeal from order was admitted and was, subsequently, heard for final disposal. The matter was remitted back to the trial Court for rehearing on all the points including point of jurisdiction in terms of order passed on 10 th October 2001.

(3.) In pursuance of the remand of the matter, the City Civil Court framed two issues as follows: