KHAJANCHI FILM EXCHANGE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against order dated 5-2-2002 passed by single Judge in W.P. No. 6077 of 2001 (M/s. Khajanchi Film Exchange and another v. State of M.P. and others).

(2.) Appellants alleged that producers have not released video rights of film 'Kabhi Khushi Kabhi Gam', therefore, violation of copyright by illegal duplication of film and screening thereof would cause them immense financial disadvantage. They take shelter of right to trade, Copy-Right Act apart from Bye-laws to take cognizance and seize pirated material.

(3.) Consequently, writ petition is preferred seeking mandamus against 35 respondents. Appellants succeeded in obtaining interim relief, however, failed ultimately and suffered cost of Rs. 15,000.00, single Judge having come to the conclusion after consideration how appellants move the Court, conduct amounting to gross Misuse of writ jurisdiction of the Court, putting respondents to unnecessary notice.