AJAY MONGA Vs. RED CHILLIES ENTERTAINMENT PVT LTD

JUDGEMENT

(1.) Leave under Rule 147 of the High Court (Original Side) Rules is granted to the plaintiff to take out a notice of motion in terms of draft notice of motion handed in. Plaintiff to get the suit and notice of motion numbered.

(2.) Heard the learned Counsel appearing on behalf of the plaintiff and the learned Counsel appearing on behalf of the defendants.

(3.) Plaintiff has filed this suit, alleging infringement of his copyright over a script which was titled as "The Silent Movie". It is the case of the plaintiff that after the script was prepared, it was distributed to various producers, including the defendants herein. It is averred in the plaint that, subsequently, the defendants released the film "Om Shanti Om" which was displayed in various theatres some time in November, 2007. Plaintiff made a grievance to the Association which is known as Film Writers Association, Mumbai. However, no action was taken by the Association. He also made a complaint to defendant Nos. 1 to 5 about the infringement of his copyright. A public notice was given regarding the display of the film "Om Shanti Om" and it was stated therein that if anybody has objections to the said film being telecast, the objections should be raised within 10 days. Plaintiff, accordingly, by his letter dated 07/04/2008 informed the Multi Screen Media Pvt. Ltd. that there is an infringement of his right in respect of the said script which was written by him and, therefore, it was stated in the notice that the said film should not be telecast. Suit has been filed by the plaintiff on 5/8/2008. Plaintiff is seeking the following adinterim reliefs: