AAMIR RAZA HUSAIN Vs. CINEVISTAAS LIMITED

JUDGEMENT

(1.) THIS proceeding raises the question with respect to the copyright in the script of an unfinished cinematograph film based on the Kargil War of May/june 1999. On the one side of this copyright war is the claim of the author of the script of the film (who is also the Director of the proposed film), his wife and their organisations, and on the other side that of the company financing the film. The decision on this question is necessary for deciding as to whether the financing company is entitled to any interim protection during the pendency of a proposed arbitral proceeding between the parties since they have now fallen apart.

(2.) THE Facts Leading to the Controversy: the factual background prior to this controversy is as follows :-One Mr. Aamir Raza Husain claims to be a theatre personality of some standing with experience in acting and direction of plays as well as films. His wife Mrs. Virat Husain also claims a similar experience. It is their case that at the time of the Kargil War in the month May/june 1999 between India and Pakistan, they used to spend their time with the Jawans and used their theatre infrastructure to bring singers and mimics to the Army Base Hospital to cheer the Indian soldiers. They claim to have visited the line of control, and particularly the Kargil, Drass, and Batalik Sectors, army battalions, conducted interviews and made a lot of research. Thereafter they launched a play by name "fifty Day War" in Delhi on 1st January, 2000. The play is stated to have been seen by the Prime Minister and the Cabinet Ministers who suggested converting it into a film. In May 2001, they submitted their script for the military clearance and the Minister of Defence approved the script and granted the permission. Mr. Aamir Raza Husain and his wife are also the Directors of a company floated by them, which is known as M/s. Amazing Motion Picture Co. Pvt. Ltd. They also run two societies formed under the Societies Registration Act known as M/s. Stagedoor and M/s. Showbiz. In the month of May 2001, these three organisations entered into an Agreement with one M/s. Cinevistaas Ltd. for making a film, for which M/s. Cinevistaas Ltd. , a public limited company, was to provide the finance. It however appears that disputes developed between the parties and after mediation, this agreement was mutually terminated.

(3.) THE parties came together once again thereafter and entered into an agreement on 24th November, 2002 for making a film based on this play "fifty Day War" The agreement was entered into between M/s. Cinevistass Communication Ltd. on the one hand and M/s. Amazing Motion Picture Co. Pvt. Ltd. , M/s. Stagedoor and M/s. Showbiz on the other hand. The agreement principally provided that whereas these organisations of Mr. Aamir Raza Husain will provide the creative input, all the financial support will be given by M/s. Cinevistaas Ltd.