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2008 Supreme(Bom) 1790

D.G.KARNIK
KBC Pictures – Appellant
Versus
A. R. Murgadoss – Respondent


Advocates Appeared: For the Plaintiff:P.M. Arjunwadka, Manjiri Parasnis, Advocates. For the Defendants:D1, V.R.Dhond i/b Naik Naik & Associates, D3, Vineet Naik i/b Naik Naik & Associates, D2, Vyapak Desai i/b M/s.Nishiith Desai & Associates, Advocates.

Judgment :

Oral Order:

1. Leave under Rule 147 of the High Court (Original Side) Rules 1980 is granted to the plaintiff. Respondents waive service.

2. Heard learned counsel for the parties.

3. By this motion, the plaintiff seeks injunction restraining the defendants from infringing his copyright in the story, screen play and dialogs in the Hindi remake of the Tamil film "Ghajini".

4. Thedefendant no.1 wrote the story, screen play and dialogs for the Tamil film "Ghajini". According to the plaintiff, by an agreement dated 29th December 2004, the defendant no.1 by receiving a consideration of Rs.11 lakhs assigned to him the copyright in the story, screenplay and dialogs of the Tamil film "Ghajini" with a right to remake the film in Hindi language. In the month of November 2008 the plaintiff learnt that the defendant no.3 was making a remake of that film in Hindi in violation of the copy right of the plaintiff. He has, therefore, sought an injunction restraining the defendants from releasing the Hindi remake of the film "Ghajini" and/or infringing his copyright.

5. The defendant nos.1 and 3 have filed an affidavit denying the averments in the plaint. In the plaint, he has stated that th
















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