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M. Bhattacharyya, Mr.Debnath Ghosh, Mr. S.B.Chakraborty For Respondent No.2: Mr. Soumya Roy Chowdhury For Respondent No.3: Mr.Anindya Mitra, Sr. Advocate with Mr.Jishnu Chowdhury, Mr. A. Bose.

BEFORE THE HON'BLE JUSTICE PATHERYA DATED : 10. 8. 2009 THE COURT : In a suit for infringement of copyright in "Namastey London" (Hindi film) an interim application has been filed for interim reliefs.

The case of the petitioner is that the suit is based on five causes of action - infringement of the cinematographic film, infringement of the literary works, infringement of the dramatic works, infringement of the author's special right and passing off action. The petitioner is the producer-director of reputed Hindi films. Under the banner Block Bluster Movie Entertainers the Hindi film was released. The story concept was conceived by the petitioner while the screen play and script was created by Suresh Nair and Ritesh Shah. By assignment the said screen play and script was assigned in favour of the petitioner who has become the owner of the copyright in the literary and dramatic works. By virtue of such copyright in the literary works and dramatic works the petitioner is entitled to exclusive right to exploit and reproduce the work under the copyright laws of India.

On 30th July, 2009 the respondents' representative held a meeting with the petitioner in Bombay and offered Rs. 5 lacs for obtaining a retrospective licence. Inspite of such offer neither the representative nor the respondents have contacted the petitioner.

As the petitioner has a copyright in the literary and dramatic works including the cinematographic Hindi film and the respondent by copying the story line and plot of the Hindi film has infringed the petitioner's copyright in the Hindi film. Hence the instant application has been filed and orders sought.