RUPALLI R SHAH Vs. ADANI WILMER LTD.

JUDGEMENT

(1.) Since entire material is placed before the Court, at this ad interim stage itself, the Motion is heard finally and disposed off by this order.

(2.) This Notice of Motion is filed by the plaintiff Rupalli P. Shah claiming to be a Executrix of the last Will and testament of one O.P. Ralhan (the said deceased), who was the producer of various cinematographic films. He expired on 20 th April 1999 leaving behind the plaintiff and defendant No.4 Manorama Omprakash Ralhan and defendant No.5 Munesh @ Ricky Ralhan, as his legal heirs. The 1 st defendant claims to be a licensee in respect of a song Meri Duniya Hai Maa Tere Aanchal Mein (hereinafter referred to as the said Song ). It is claimed that the rights in respect of the said song are acquired by the 1 st defendant from defendant No.2 Saregama India Ltd , a company registered under the Companies Act, 1956 having its registered office at the address mentioned in the cause title. The defendant No.3 is the Court Receiver, High Court, Bombay, who has been appointed as Receiver in Suit No.3748 of 2000 pending before this Court in respect of the copyright vested in the cinematographic films belonging to the said deceased.

(3.) The suit is filed by the plaintiff on behalf of herself and defendant Nos.4 and 5, seeking to restrain the defendant Nos.1 and 2 from infringing the copyright in the songs from the films belonging to the said deceased and now vested in the estate of the said deceased, of which the plaintiff claims to be executrix. Thus, no reliefs are claimed against defendant Nos.3 to 5.