Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

Bangalore District Court

Venkatesh Dutt K vs M/S Tejaswini Enterprises on 23 January, 2026

 KABC010025422019




  IN THE COURT OF XXXV ADDITIONAL CITY CIVIL & SESSIONS
               JUDGE, BENGALURU (CCH-36)

            DATED ON THIS THE 23rd DAY OF JANUARY 2026

    Present: Sri.J.V.Kulkarni, B.Sc., L.L.B.,
              XXXV Addl. City Civil & Sessions Judge, Bengaluru.

                              O.S.No.676/2019

Plaintiff             : K.Venkatesh Dutt,
                        S/o.Duttatreya,
                        Aged 69 years,
                        R/at No.11,
                        Brunton Road Cross,
                        Bengaluru-560 009.
                        (By Sri/Smt.P.D.P., Advocate)

                                   -Vs-

Defendants            : 1. M/s.Tejaswini Enterprises,
                           Through K.Manju Cinemas
                            Represented by its Proprietor
                            K.Manju
                            No.1241/1, 28th Main,
                            32nd 'G' Cross, 4th T Block,
                            Jayanagara, Bengaluru-560 041.
                            Having office at No.12/1, 3rd floor,
                            4th Cross, Gandhinagara,
                            Bengaluru-560 009.

                        2. M.Ramesh Reddy,
                           S/o.Knot Known to the plaintiff
                           Major
                           Producer
                                     2
                                                          O.S.No.676/2019

                           Having office at
                           K.Manju Cinemas,
                           No.12/1, 3rd floor,
                           4th Cross,Gandhinagara,
                           Bengaluru-560 009.

                       3. M/s.Rohini Pictures
                          Represented by its Proprietor
                          Sri.S.V.Rajendra Singh (Babu)
                          S/o.Sankar Singh,
                          Aged about 72 years,
                          R/at No.308, Ahuja Chambers,
                          No.1, Kumara Krupa Road,
                          Bengaluru-560 001.

                       4. M/s.Amritha Arts
                          Represented by Smt.Anuradha,
                          W/o.S.V.Rajendra Singh (Babu),
                          Aged abut 64 years,
                          R/at No.308, Ahuja Chambers,
                          No.1, Kumara Krupa Road,
                          Bengaluru-560 001.

                       5. M.Muniraju,
                          S/o.
                          Aged about 52 years,
                          R/at No.112, 2nd Cross,
                          'B' Street, Gopalapura,
                          Bengaluru-560 023.
                                  ******
Date of institution of the suit      : 24-01-2019

Nature of the suit                  :   Injunction

Date of commencement of              : 05-09-2024
recording of the evidence

Date on which the judgment           : 07-01-2026
was pronounced
                                    3
                                                          O.S.No.676/2019

Total duration                      : Years/s Month/s Day/s
                                       06      11      13


                                           (J.V.KULKARNI)
                                        XXXV Addl.City Civil &
                                       Sessions Judge, Bengaluru

                           JUDGMENT

This suit is filed by the plaintiff seeking permanent injunction in respect of film called 'Bandana' starred Dr.Vishnuvardhana and Suhasini etc., originally released on 10-08-1984.

2. The facts necessary for disposal of the case are briefly stated as follows:-

The plaintiff is the lease holder, defendant Nos.3 and 4 are producers of Kannada colour film Bandana starred by Dr.Vishnuvardhana and Suhasini. The film was directed by the 3 rd defendant and it was censored on 26-07-1984. The film was released on 10-08-1984. Thereafter, the defendant No.3 and 4 approached the plaintiff and sought Financial help to produce some other films. Therefore, they have leased out the rights of movies called 'Bandana', Karna' and 'Kurukshetra' up to the year 2025. As such, the plaintiff paid royalty and lease amount of ₹.30,00,000/- to defendant Nos.3 and 4, by taking lease rights of Bandana, Karna 4 O.S.No.676/2019 and Kurukshetra kannada films. The defendant Nos.3 and 4 have entered into agreement of lease on 6-3-1990 for a period of 36 years.
The plaintiff stated that he has paid ₹.15,00,000/- on 6-3-1990 as royalty. He paid ₹.10,00,000/- on 10-04-1991 and ₹.5,00,000/- on 3-5-1991. The plaintiff stated that he intended to re release Bandana film and issued ads in Udayavani and Kannada Prabha daily newspapers dated 14-12-2018 and 16-12-2018. The defendants also issued paper publication, defendant Nos.1 and 2 stated that they are the producers of Bandana film and intended to release in the month of January 2019. The plaintiff tried to contact defendant Nos.3 and 4 but they are not available. The plaintiff also approached Film Chamber, since the defendants are the Ex officer bearers of Karnataka Film Chambers of Commerce, the plaintiff will not get any remedy fro the Karnataka Film Chamber of Commerce. Therefore, he filed this suit for permanent injunction restraining the defendants from distribution, exhibition and exploitation of the film Bandana up to the year 2025. Therefore, he prays to decree the suit.
5
O.S.No.676/2019

3. During the pendency of the suit, the defendant No.5 was impleaded. He filed the written statement. He denied the plaint averments in toto and claimed that the defendant Nos.3 and 4 are producers and negative right holder of kannada film called 'Bandana'.

The defendant No.5 stated that the defendant Nos.3 and 4 have jointly leased and perpetually handed over negative rights for ₹.10,00,000/- on 14-03-1992 in favour of M/s.Rajassu Private Limited represented by its Director A.N.Jagadish. A paper publication was also issued in the newspaper regarding negative rights. The said film was registered by Doordarshan in the name of M/s.Rajassu Private Limited. Central film division, Government of Karnataka Department of Information and Broadcasting, Bengaluru requested Director A.N.Jagadish to furnish the negative rights after making a copy for State feature film archives on the basis of recommendation of Karnataka Film Archives Board. They have paid ₹.15,000/- to Rajassu Film Private Limited as royalty. The perpetual lease hold rights are retained by M/s.Rajassu Film Private Limited. Likewise, National Film Division, Government of India also recognized the rights of M/s.Rajassu Film Private Limited. The said 6 O.S.No.676/2019 film has received State and National awards, it was telecasted in several film festivals.

The 5th defendant has obtained sublease of negative rights from Rajassu Film Private Limited on 15-03-1994 for valuable consideration. Therefore, the first and second defendant authorised the 5th defendant to exhibit the film in theaters across the State of Karnataka. The plaintiff has no negative rights of the film. He filed a false suit. Therefore, the defendant No.5 sought to dismiss the suit.

4. Based on the pleadings, I have framed he following issues:-

1 Whether the plaintiff proves that he is holding lease hold rights over "Bandhana" Kannada film and intended to re-release it?
2. Whether the plaintiff further proves that the defendants are trying to release the film "Bandhana" by violating the lease-hold right of the plaintiff?
3. What order or decree?

5. The plaintiff examined as P.W.1. Exs.P.1 to P.6 were marked on behalf of the plaintiff. After filing the written statement, there is no representation on behalf of any of the defendants. They 7 O.S.No.676/2019 have not cross-examined the P.W.1 and not lead their evidence. Therefore, I heard the arguments of advocate for plaintiff.

6. The arguments of advocate for defendant taken as 'heard'. I heard the arguments of learned counsel for the plaintiff. Arguments of learned counsel for the defendant taken as 'heard'. The defendants are afforded opportunity to file the written argument but as on this date, they have not filed the written arguments.

7. My findings to the above issues are as follows:-

            Issue No.1 :        In affirmative
            Issue No.2 :        In affirmative
            Issue No.3 :        As per final order for the following:-
                             REASONS

8. Issue Nos.1 & 2:- The plaintiff has examined as PW-1 and produced six documents in support of his case. After filing the written statement, there is no representation on behalf of any of the defendants. Ex P-1 is general power of attorney and ExP-2 is the lease agreement wherein lease hold rights of the film given to the plaintiff or a period of 36 years commencing from 06.03.1990, so the lease is valid till March 2026. the other documents are public publications and receipt. The oral and documentary evidence of 8 O.S.No.676/2019 PW-1 are uncontraverted. There are no reasons to disbelieve uncontraverted oral and documentary evidence lead by plaintiff. Hence, I answer issue Nos.1 to 3 in affirmative.

9. Issue No.4:- In view of my findings to the above issues, I pass the following:-

ORDER Suit of the plaintiff decreed with costs.
The Injunction order is granted restraining the defendants from distribution, exhibition and exploitation of the film Bandana up to completion of lease period.
Draw Decree accordingly.
(Dictated to the Sr.Sheristedar (Stenographer Grade-I), transcribed and typed by her and then corrected and pronounced by me in the open court on this the 23 rd January 2026).
(J.V.KULKARNI) XXXV Addl.City Civil & Sessions Judge, Bengaluru ANNEXURE Witnesses examined on behalf of the plaintiff.
       P.W.1:        Sri.Praveen Kumar
                                      9
                                                                 O.S.No.676/2019

Witnesses examined on behalf of the defendants.
- Nil-
Documents marked on behalf of the plaintiff.
      Ex.P.1       :       General Power of Attorney
      Ex.P.2       :       Lease Agreement
                           dated 6-3-1990
      Exs.P.3      :       Paper advertisements
      to P.5
      Ex.P.6       :       Receipt

Documents marked on behalf of the defendants.
                 - Nil -                        Digitally signed by
                                                JEEVAN
                                     JEEVAN     KULKARNI
                                     KULKARNI   Date: 2026.01.27
                                                15:53:25 +0530

                                     (J.V.KULKARNI)
                                  XXXV Addl.City Civil &
                                 Sessions Judge, Bengaluru