Calcutta High Court
Vipul Amrutlal Shah vs Shree Venkatesh Films P. Ltd. & Ors on 4 August, 2009
Author: Nadira Patherya
Bench: Patherya
GA No. 2064 of 2009
CS NO.219 OF 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
VIPUL AMRUTLAL SHAH
Versus
SHREE VENKATESH FILMS P. LTD. & ORS.
For Plaintiff/Petitioner : MR. S.N.MOOKHERJEE, SR. ADVOCATE WITH
MR. R.BACHAWAT, MR. R. BHATTACHARYA, MR.
S. ROY CHOWDHURY, MR. S. SENGUPTA, MR. A.
AGARWAL, MS. A.BANSAL, ADVOCATES.
For Defendant/Respondent : MR. T.BOSE, MR. A. MITRA, MS. M. BHATTACHARYA,
MR. D. GHOSH, MR. S. ROY CHOWDHURY, MR. S.B. CHAKRABORTY, ADVOCATES. BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 4th August, 2009.
The Court : In a suit for infringement of copyright this interim application has been filed for reliefs.
The case of the petitioner is that "Poran Jaey Joliya Re" a film in Bengali has been released on 24.7.2009. The said film is an identical copy of the Hindi film "Namastey London" and except for few changes, there is no difference in the script. While the location of "Namastey London" was the city of London, in the Bengali film, it is Malaysia. As the petitioner has a copyright in the film "Namastey London" by exhibiting the Bengali film "Poran Jaey Joliya Re" such copyright of the petitioner has been infringed. Hence, the instant application has been filed for reliefs.
Counsel for the respondent no.1 intervened in the said proceedings and sought for a copy of the application on the ground that a caveat had been lodged 2 on 29.7.2009 and an intimation under Section 148[2] of the Code of Civil Procedure and the Original Side Rules of this Hon'ble High Court was given to the petitioner. In spite of receipt thereof, the application was not served on it. For the said reason, counsel for the respondent seeks an adjournment. It has also been submitted that the Bengali film has been released on 24.7.2009 and on and from 23.7.2009 the petitioner has threatened to take legal action against the respondents. Therefore, no interim order ought to be passed, as the application is belated.
Having considered the submissions of the parties, the matter is directed to appear tomorrow i.e. on 5.8.2009 at 10.30 a.m. The respondents are restrained from creating any third party interest in respect of the said film till 5.8.2009.
At the hearing tomorrow, the respondents are directed to submit to Court a statement of the box office collection for 4.8.2009.
Formal service of notice of motion is waived by the respondent no.1 All parties concerned to act on a signed xerox copy of this order on the usual undertakings.
[PATHERYA, J.] pkd.
Asstt. Registrar [C.R.]