1. Heard counsel.

2. In a suit for perpetual injunction restraining the defendants from directly or indirectly infringing in any manner the plaintiff’s copyright in musical composition/theme tune entitled "The THUMP" and for damages the plaintiff has taken out this motion for an interim relief of injunction.

3. The facts, in brief, are that the plaintiff is a music composer and the owner of a proprietory concern "The Mint". Defendant no.1 is a music director/composer of repute. Defendant no.2 is the brother of defendant no.1 and is a director of defendant no.3 company which is engaged in the production of feature films and has produced a cinematographic film titled as "KRAZZY 4". Defendant no.4 is a manufacturer and distributor of compact discs (CDs) and audio tapes containing the sound track of music contained in the film "KRAZZY 4". Defendant no.5 is a foreign company engaged in the entertainment business including sale, distribution and exhibition of cinematographic films and audio and video CDs. Defendant no.6 is an advertising agency acting for defendant no.5. Defendant no.7 is a proprietory concern engaged in the media and advertising business.

4. In or about March 2007, the defendant no.7 engaged the plaintiff for producing a musical composition theme tune which was proposed to be used as an audio clip in the advertisement it was to produce for the defendant no.5. As per the agreement, the plaintiff produced the musical composition/theme tune titled "The THUMP". Under the agreement between the plaintiff and the defendant no.7, the copy right in the musical composition/theme tune remained with the plaintiff and the defendant no.7 was given a licence to use the same in its advertisements for a period of one year.

5. The defendant no.3 has produced a cinematographic film "KRAZZY 4" and the music for the film is given by the defendant no.1. The film is said to be due for release (for public exhibition) on 11th April 2008. The defendant nos.1 to 3, have given a licence of producing the CDs and audio cassettes of the music/songs contained in the sound track of the film "KRAZZY 4" to defendant no.4. According to the industry practice, audio cassettes and CDs of the music/songs in "KRAZZY 4" are marketed earlier from end of February 2008. Before the release of the film audio visual clips of parts of the film "KRAZZY 4" (called as ’promos’) are shown as trailors in cinema theatres as also on television. In March 2008 the plaintiff, while watching a programme on MTV channel, heard the music contained on the sound track of the film "the KRAZZY

4". The plaintiff was astonished to notice that the music contained copy of his musical composition/theme tune ’THE THUMP". Immediately on 18th March 2008, the plaintiff purchased a CD produced by the defendant no.4 from market and played and heard it. He noticed that four songs titled on the cover of the C.D as "KRAZZY 4", "Break Free", "KRAZZY 4 remix" and "Break Free remix" contained copies of his musical composition/theme tune "THE THUMP". The plaintiff through his advocates issued a notice to the defendants 1 to 3 on 24th March 2008, calling upon them to cease and desist from in any manner infringing his copy right in the musical composition/theme-tune "The THUMP". By a reply dated 26th March 2008 the defendant no.3 acknowledged receipt of the notice and stated that it was handed over to its solicitors for proper action. However no further reply was sent. Apprehending that the defendants would not cease and desist from infringing his copy right in the musical composition "The THUMP" the plaintiff has filed this suit on 1st April 2008 for injunction and damages.

6. The motion came up before me on 7th April 2008 and on request of the parties the matter was posted in Chambers on 8th April for hearing of the plaintiffs musical composit