RUPALI P. SHAH Vs. ADANI WILMER LIMITED

JUDGEMENT

(1.) The present suit concerns the claim of the plaintiff in respect of certain musical works forming part of cinematographic films produced by Ralhan Productions of which the late father of the plaintiff was the owner and subsequently the plaintiff took charge of the same. The plaintiff claims that defendant Nos.1 and 2, who are the contesting defendants, need to be restrained from exploiting such works. It is her case that on a proper reading of the agreements, whereby certain rights were assigned to the said contesting defendants, after specific time period, they were no longer authorized to continue to exploit the works. In that context, ancillary reliefs are also sought by the plaintiff against the contesting defendant Nos.1 and 2. Defendant Nos.3, 4 and 5 are not contesting defendants and hence this suit has been resisted only by defendant Nos.1 and 2.

(2.) The chronology of events leading to filing of the present suit is required to be referred to, before taking into consideration the rival submissions in the context of the issues framed by this Court in the present suit.

(3.) O. P. Ralhan, late father of the plaintiff, who was the owner of Ralhan Productions, undertook production of cinematographic films, which also contained musical works and songs. Between 1963 and 1983, he produced 7 films, being the producer and owner of such creative works associated with the films. The plaintiff was born on 19/8/1964 and as per the Will left by the said O. P. Ralhan, which was probated in the year 2013, the plaintiff became the owner of productions undertaken by her father.