FORTUNE FILMS INTERNATIONAL Vs. DEV ANAND

JUDGEMENT

(1.) This appeal is from the order of Gadgil J. dated 3rd January 1978 made on the plaintiff's Notice of Motion, dated 15th December 1977. By the said order the learned single Judge confirmed the ad-interim injunction already granted, as he was of the opinion that the terms of Exhibit 'A' to the plaint, particularly paragraph 7, was prima facie in the plaintiff's favour. He rejected the defence contention that Exhibit 'B' amounted to a novatio and in his view the same appeared only to change in the mode of payment. The respective arguments as to copyright were not considered at that stage.

(2.) In this view of the matter the learned single Judge confirmed in favour of the plaintiff the substantial reliefs which the plaintiff had already obtained at the ad-interim stage; and it is the 1st defendants, who, being aggrieved by the said order, have preferred this appeal.

(3.) Before setting out the facts shortly, it may be stated that on 27th February 1978 we heard fairly detailed arguments lasting for nearly three to four hours on the appellant's Notice of Motion, and after this hearing we reduced the ambit of the injunctions granted in favour of the plaintiff and restricted them to four of the specified territories mentioned in clause 6 of Exhibit A and vacated the injunctions for the territories not specified in Clause 6. At the conclusion of the arguments and before passing the order on the Notice of Motion we had asked counsel for the parties whether they desired to convert the hearing of the Notice of Motion in the Appeal to the hearing of the Appeal itself. After taking instructions the learned counsel for the appellants was agreeable for this course; but on behalf of the 1st respondents (original plaintiff) it was stated to us that the respondent did not wish to convert the hearing of the Notice of Motion into the hearing of the Appeal. Accordingly we only made the operative order. It is in these circumstances that the appeal has subsequently been reheard, though it must be stated that somewhat more detailed arguments have been advanced today.