DILIP JADHAV Vs. LATA NARVEKAR

JUDGEMENT

(1.) The present Notice of Motion has been taken out for appointment of Court Receiver, High Court, Bombay as receiver of all the cassettes, ACDs, VCDs and DVDs of the cinematograph film made of the programme 'ala Bahar Lavanila/ Ala Lavanila Bahar' and/or their distributors, stockists, retail sales agents, employees, officers, etc. with all powers under order XV Rule 1 of the Civil Procedure Code, 1908. By prayer (b) injunction is sought restraining the defendants either by themselves or through their agents, servants, officers, assigns, distributors, retailers, dealers etc. from in any manner dealing with selling, reproducing and/or making copies of the said cassettes, ACDs, VCDs and DVDs and/or of any other audio, visual reproduction in any form of the said cinematograph film made of the programme 'ala Bahar Lavanila/ala Lavanila Bahar'. It has been further prayed that defendants also should be injuncted from dealing with, selling, reproducing and/or making any copies of the cassettes, ACDs, VCDs and DVDs and/or of any other audio, visual reproduction in any form of the said film and/or telecasting, broadcasting, showing, playing the said film in any manner on any audio visual medium and/or any channel or otherwise communicating the same to the public in any manner whatsoever and by sub-clause (2) of prayer Clause (b) it has been prayed that the defendants should be restrained from assigning the rights of the said film. The present motion arises in the light of the facts which are briefly enumerated as under:

(2.) The suit has been filed by the plaintiff No. 2 which is known as Marathi natyavyavasayik Nirmata Sangh, an Association registered under the Public trust Act, 1950 and under the Societies Registration Act, 1860. The plaintiff is the present trustee of the said plaintiff No. 2. The defendant No. 1 is the chairperson of the plaintiff No. 2 trust and defendant No. 2 is the distributor of the video films and CDs. Plaintiff No. 2 is the Association of producers of marathi Commercial Drams and is established with the aim and object of espousing the interests of its members and the Marathi commercial theatre. The constitution of the said plaintiff No. 2 inter alia provides under clause 9 that there shall be a Managing Committee which will be vested with the powers of running the Association and the Managing Committee will have a Chairman elected by the Managing Committee of the Trust. Every year, the said plaintiff no. 2 celebrates their Annual Day and Accordingly 30th Anniversary was celebrated on 21.6.99.

(3.) It is the case of the plaintiffs that for the 30th Anniversary Day Function of the plaintiff No. 2, a programme was organised at 'shivaji Mandir' situated at N. C. Kelkar Road, Dadar (W) , Mumbai 28 on 21.6.99. At the said programme, a dance item was presented known as 'ala Bahar Lavanila'/ Ala Lavanila Bahar' at the aforesaid venue. At the said function, various Lavani artists performed and their performance was videographed by plaintiff No. 2. ACDs, VCDs and dvds etc. were recorded of the said presentation of the programme. During the said time, defendant No. 1 was the chair person of plaintiff No. 2 and thus, in possession and incharge of plaintiff No. 2. It is the case of the plaintiff no. 2 that after recording the videography of the said programme which was stage at the official function of the plaintiffs the defendant No. 1 has illegally and unauthorizedly sold the said films to defendant No. 2 for the purpose of commercial exploitation thereof and the defendant No. 2 is selling the VCDs of the said programme in the market and defendant No. 1 is earning the amount therefrom personally.