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2010 Supreme(Bom) 1494

ROSHAN DALVI
Twentieth Century for Film Corporation – Appellant
Versus
Sohail Maklai Entertainment Pvt. Ltd. – Respondent


Advocates appeared:
For the Plaintiff:Dr.Veerendra Tulzapurkar, Sr. Advocate, Phiroz Palkhiwala i/by M/s.Neolegal Associates, Advocates. For the Defendants:D1 - Ravi Kadam, Advocate General, S.U. Kamdar, Sr. Advocate, Karthik Desai i/by M/s.Kartikeya & Associates, D2 - Iqbal Chagla, Sr. Advocate with Ms.Madhu Gaoodia, Anshree Ravta, Yugundhara Khanwilkar & Vaibhav Bhure i/by M/s.Naik Paranjpe & Co., Advocates.

Judgment :

1. The Plaintiff claims copyright in the literary and artistic work being the script and screenplay of its film “Phone Booth” assigned to the Plaintiff under certain agreements. The Plaintiff claims that the Defendants have infringed its copyright in their film “Knock Out” which is to be released on Friday, the 15th October 2010. The Plaintiff claims injunction restraining the Defendants from releasing its film “Knock Out” in theatres or broadcasting or otherwise communicating it to the public in any manner or exporting its copies so as to infringe the script, screen, storyline and dialogues in its copyrighted work or so as to pass off the said film as and for the Plaintiff’s film as an Indian version thereof. The Plaintiff has also prayed for an order directing the Defendants to destroy and/or deliver the script of its film and for appointment of a Receiver in respect thereof.

2. The Plaintiff, as the producer, is the author in respect of the cinematographic film under Section 2(d) (v) of the Copyright Act, 1957 (the Act), and its script as - an artistic work under Section 2(c) (iii) of the Act. The Defendants’ film, if it is seen to be a copy of the Plaintiff’s film, wo










































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