RAMESH SIPPY Vs. SHAAN RANJEET UTTAMSINGH

JUDGEMENT

(1.) The Plaintiff Ramesh Sippy has filed the above suit claiming to be the author and first owner of the copyright and also to the Author's Special Rights in the film titled "Sholay" ("the said film Sholay") and other four films viz. (i) Seeta aur Geeta, (ii) Saagar, (iii) Shaan and (iv) Andaz ("the said other films"). According to the Plaintiff, the Defendants are guilty of infringement of the Plaintiff's copyright and the Author's Special Rights in the said film Sholay and the said other films and is entitled in law to restrain them from doing so. The Plaintiff has in the said suit impugned the Deed of Gift dated 14th September 2000 whereby Defendant No. 4 has gifted to Defendant No. 5 all rights, title and interest in and to the said original Motion Picture titled 'Sholay' (ExhibitE to the Plaint) and the Agreement dated 20th July 2011 whereunder Defendant No. 5 has given on license to Defendant Nos. 7 and 8 the sole and exclusive commercial and noncommercial theatrical rights for 3D/2D/Digital and all theatrical versions (70mm/35mm) of the said film 'Sholay' for a consideration of Rs. 25 crores.

(2.) Defendant No.1 is the son of the Plaintiff's late sister (Soni Uttamsingh) and is one of the Directors of Defendant No.5 which claims to be the owner of the copyright in the said film Sholay. Defendant No. 2 Sameer Ranjeet Uttamsingh is the brother of Defendant No.1 and is the Director of Defendant No.6 which claims to have rights to distribute the said other films. Defendant No. 3 Sascha Vijay Sippy is the son of the Plaintiff's late brother Vijay Sippy and is the Director of Defendant No.5 which claims to be the owner of the copyright in the said film Sholay. Defendant No. 4 Sippy Films Pvt. Ltd. is a Company which claims to have gifted the copyright in the said film Sholay to Defendant No.5. Defendant No. 5 Sholay Media and Entertainment Pvt. Ltd. is a Company owned and controlled by Defendant Nos. 1 and 3 which Company claims to own the copyright in the said film Sholay. Defendant No.6 Generation Three Entertainment Pvt. Ltd. is a Company controlled by Defendant No.2 which claims to possess and broadcast rights in respect of the said other films. Defendant No. 7 Pen India Pvt. Ltd. is a Company owned by Defendant No. 8 which claims to have obtained the rights to make and distribute a 3D version of Sholay. Defendant No. 8 Jayantilal Gada is the owner of Defendant No.7. Defendant No. 9 Maya Digital Studios Pvt. Ltd. is a Company which has converted the said film Sholay into a 3D version.

(3.) In the above Suit, the Plaintiff has taken out the above Notice of Motion seeking temporary injunction against Defendant Nos. 5 to 8 from dealing with or disposing of and/or parting with or assigning and/or creating any right, title and interest or dealing in any manner whatsoever with the said film Sholay. The Plaintiff has also sought a temporary injunction against Defendant Nos. 7 and 8 from in any manner communicating to the public the purported 3D version of the said film Sholay in India or outside India.