SAREGAMA INDIA LTD Vs. VIACOM 18 MOTION PICTURES

JUDGEMENT

(1.) This application at the "New Motion" stage was heard by me for a considerable length of time. In my opinion, all the relevant papers are before the Court. Hence, there is no point in keeping this application pending, after passing or refusing an interim order and inviting affidavits to be filed. In the facts and circumstances of the present case, the prayer for an order of injunction has to be refused. My reasons are as follows:

(2.) I agree with most of the legal arguments of Mr. Pratap Chatterjee, Senior Advocate and Mr. S.N. Mookerjee, Senior Advocate for the plaintiff.

(3.) The agreements of 24th April 1967 and 3rd August 2009 for assignment of copyright clearly show that amongst other things the sound recorded in the soundtrack and in the magnetic tapes, of the film "Aradhana" were assigned to the plaintiff. Thus the lyrics of the song in the film "Mere Sapno Ki Rani" were also part of the assignment.