EVEREST ENTERTAINMENT LLP Vs. HRIDAYNATH D.KADUDESHMUKH

JUDGEMENT

(1.) Heard Mr. Virag Tulzapurkar, learned senior counsel for the applicant/plaintiff. It is stated that the defendants were privately served and that the affidavit of service is filed. The plaintiff to ensure that the affidavit of service is on the record of this Court before the next date of hearing. The defendant Nos. 1 to 3 and 5 have appeared through counsel.

(2.) Learned senior counsel appearing for the plaintiff submits that for the present, due to urgency in the matter, the plaintiff is pressing for limited ad-interim reliefs.

(3.) The plaintiff claims to be assignee of copyrights in films listed at Exhibit A, on the strength of an assignment deed dtd. 12/8/2022, executed by defendant No. 5 in favour of the plaintiff. It is the case of the plaintiff that defendant No. 5 had acquired rights in the said films, on the basis of a Will dtd. 2/1/1998 executed by the original owner of copyright, Shri Dadasaheb Kondke, a famous film personality of Marathi film world. The defendant No. 5 is related to the late Shri Dadasaheb Kondke and the documents on record show that a competent Court granted probate of Will by an order dtd. 19/12/2008. An appeal filed against the said order was dismissed for want of prosecution on 22/7/2019.