Mr. Ajay Monga vs Red Chillies Entertainment Pvt. Ltd.

V.M. Kanade, J.—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.

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

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 ad interim reliefs:

a) That pending the hearing and final disposal of the present suit the Defendants, their directors, servants, agents, subsidiaries, distributors or any other person and/or entity claiming through or under them be restrained by a perpetual order and injunction of this Hon''ble court from in any manner, directly or indirectly, exploiting the film titled "Om Shanti Om" produced by Defendant No. 1, by any mode or medium now known or discovered in future or publishing it, exhibiting it in theatres or otherwise, broadcasting it, communicating it to the public by any mode or medium, creating any rights of whatsoever nature, directly or indirectly, in respect of the film titled "Om Shanti Om", or otherwise dealing with the same in any manner so as to infringe the Plaintiff''s copyright in the said Script being Exhibits B, B1 and B2 to the Plaint.

b) That pending the hearing and final disposal of the present suit the Defendants, their directors, servants, agents, subsidiaries, distributors or any other person and/or entity claiming through or under them be restrained by a perpetual order and injunction of this Hon''ble Court from in any manner, directly or indirectly, exploiting the film titled "Om Shanti Om" produced by Defendant No. 1, by any mode or medium now known or discovered in future or publishing it, exhibiting it in theatres or otherwise, broadcasting it, communicating it to the public by any mode or medium, creating any rights of whatsoever nature, directly or indirectly, in respect of the film titled "Om Shanti Om", or otherwise dealing with the same in any manner and/or claiming that Defendant Nos. 4 and 5 are the authors of the said Script and/or claim that they are the authors of the said Script, so as to infringe the Plaintiff''s moral rights in the said scripts being Exhibits B, B1, B2 to the Plaint;

c) That pending the hearing and final disposal of the present suit, this Hon''ble Court be pleased to appoint the Court Receiver, High Court, Bombay or any other person as Receiver of all goods, articles, discs, DVD''s, CD''s, all prints, or any other copy, digital, electronic or otherwise stored on computer hard disc or any other disc or device or anywhere else and all other copies of movie "Om Shanti Om" and wherever situated with all powers to take physical possession of the same with Police protection, if necessary.

It is submitted that by virtue of the provisions of Section 13 read with Section 14 of the Copy Right Act, 1957 there is an infringement of his copyright in the said script by the name "The Silent Movie" and that the said right is likely to be violated by the defendants herein by telecasting the said film through the satellite channel. It is submitted that it is a continuing right and, as a result, it gives rise to continuous cause of action and, therefore, there is no delay in filing the suit or seeking an ad interim relief. The learned Counsel appearing on behalf of the plaintiff has invited my attention to the judgment of Division Bench of this Court in Zee Telefilms Ltd. and Film and Shot and Another Vs. Sundial Communications Pvt. Ltd. and Others, , in support of his submissions and also the judgment of the Apex Court in M/s. Bengal Waterproof Limited Vs. M/s. Bombay Waterproof Manufacturing Company and Another, . He submitted that, therefore, the plaintiff is entitled to seek ad interim reliefs in terms of the prayers of the notice of motion.

The learned Counsel appearing on behalf of the defendants, on the other hand, submitted that there was gross delay in filing this application for ad interim relief as the film was to be telecast on 10/8/2008. It is submitted that no explanation has been given by the Plaintiff as to why the suit was not filed after legal notice was given by him on 7/4/2008.

In my view, at this stage, plaintiff is not entitled to claim any ad interim relief. There is gross delay in applying for an ad interim relief. Admittedly, the film was shown in the theatre some time in November, 2007 and the public notice was given for telecasting the said film on T.V. through satellite channel in April 2008. Though, a legal notice was given on 7/4/2008, no steps were taken by the plaintiff to immediately file the suit and seek ad interim reliefs. The plaint was filed on 5/8/2008. No explanation has been given as to what steps were taken by the plaintiff from April, 2008 till filing of the suit on 5/8/2008. Ad interim relief is, therefore, refused.

Defendants to file their reply within four weeks. Rejoinder may be filed within two weeks thereafter. Place the notice of motion for hearing and final disposal on 29/09/2008.