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2008 Supreme(Bom) 938

D.G.KARNIK
Onyx Musicabsolute. com Pvt. Ltd. – Appellant
Versus
Yash Raj Films Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. D.J. KHAMBATTA, Sr. Counsel with SHYAM MEHTA, GAUTAM ANKHAD i/b M/ s. Federal & Rashmikant for the Plaintiffs/Petitioners.
Dr. V.V. TULZAPURKAR, Sr. Counsel with P.PALKHIWALA i/b Deven Dwarkadas & Partners for defendant No.l/Respondent No.1.
Mr. T.N. SUBRAMANIAM, Sr. Advocate with
G. R. JOSHI i/b I.C. Legal for Defendant No.3/ Respondent No.3.

JUDGMENT:-

These matters were heard on 27th April, 2008 and the order was reserved. In the meanwhile, the plaintiffs/petitioners moved the vacation Bench by filing Arbitration Petition nos.239 and 240 of 2008 and the papers of these matters were called by the Vacation Bench and the papers are now returned after passing some ad-interim orders. Those arbitration petitions are however not placed on Board. After reopening of the courts I have heard the counsel again. By consent, the matters are heard finally.

2. The plaintiffs in the suit are the petitioners and the defendants in the suit arc the respondents in the arbitration petition nos. 169 and 170 of 2008. Hence, for the sake of convenience the parties are referred to as the plaintiffs and the defendants.

3. In the suits as well as in the arbitration petitions, the plaintiffs seek an order of injunction restraining the defendants, their agents and servants from selling, fe-selling, sublicencing, distributing, exploiting, promoting, marketing any form of content in the films produced or to be produced by the defendant no.1 and covered by the contract (licence agreement dated 23rd April, 2005) between the defendant no. 1 and defenda







































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