KANTA S ROHRA Vs. ESSEL VISION

JUDGEMENT

(1.) Heard, Mr. Sarogi, the learned counsel for the plaintiff.

(2.) THE plaintiff has filed the present suit seeking declaration that defendants have no right, title or interest of any nature in respect of satellite rights of the film JAI SANTOSHI MAA and permanent injunction that the defendants be restrained from further telecasting the said film JAI SANTOSHI MAA on any of their channels. The plaintiff has prayed for a decree of Rs.30,00,000/ for the illegal telecast of the film JAI SANTOSHI MAA on the channels of the defendants. It is the case of the plaintiff that she is exclusive negative right and copyright holder in respect of Hindi feature film titled JAI SANTOSHI MAA and she has not assigned satellite rights in respect of the said film to anybody and, therefore, the telecast of the said film by the defendants was unauthorised, illegal and in violation of the provisions of the Copy Rights Act. In the notice of motion taken out by the plaintiff, it is prayed that during the pendency of the suit the defendants be restrained from telecasting the said film JAI SANTOSHI MAA in any manner whatsoever on any of their channels and the defendants be directed to forthwith return all the materials including cassettes and tapes in respect of the said film. An affidavit in reply has been filed by the defendants in response to the notice of motion served upon them. The 1st defendants claim to have got the copy right in respect of the said film. The circumstances in which the said copy right has been acquired by the 1st defendant have been stated in paragraph 5 (a) to (c) of the affidavit in reply. It is stated that Shri Satnam Rohra the sole proprietor of Bhagya Laxmi Chitra Mandir is the owner and the copy right holder in respect of the said film. Under Articles of Agreement dated 4.6.1992 Shri Satnam Rohra assigned exclusive satellite T.V. broadcasting rights of the said film to M/s. Sahara India Mass Communication for a valuable consideration for period of 10 years commencing from 4.6.1992. The said agreement entered into between Satnam Rohra and M/s. Sahara India Mass Communication excluded all other persons from using the said rights, namely, satellite T.V. broadcasting rights in respect of the film JAI SANTOSHI MAA for a period of 10 years from the date of signing of the agreement. The said Sahara India Mass Communication in their turn assigned the satellite broadcasting rights for a valuable consideration in respect of various movies including JAI SANTOSHI MAA in favour of M/s. Sahara India T.V. Net Work. The said M/s. Sahara India T.V. Net Work in their turn by agreement dated 19.3.1994 for a valuable consideration assigned exclusive valid and subsisting satellite T.V. broadcasting right in respect of the film JAI SANTOSHI MAA in favour of 1st defendant. The defendants thus submit that the 1st defendant as a subsisting valid holder of satellite broadcasting right of the film JAI SANTOSHI MAA is entitled to telecast the said film.

(3.) ACCORDINGLY , the notice of motion is dismissed with costs. Certified copy expedited.