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2012 Supreme(Bom) 1683

N.M.JAMDAR, MOHIT S.SHAH
Kapil Chopra – Appellant
Versus
Kunal Deshmukh – Respondent


Advocates Appeared:
For the Appellant:Shiraz Rustomjee, Senior Advocate with R.S. Khandekar, Sharmila Nair & Priti Deshpande i/by Sanket Sethia, Advocates.
For the Respondents:Phiroze Palkhiwala i/by Munir Merchant, R2, Virag Tulzapurkar, Senior Advocate with Ashish Kamat, Vaibhav Bhure, Ameet Naik i/by M/s.Naik Naik & Co, R3, Ravi Kadam, Senior Advocate with Sanjay V. Kadam & Apeksha Sharma i/by Kadam & Co., Advocates.

Judgment

CHIEF JUSTICE

Greed and deceit are two human traits which are very often part of the stories of Hindi films. These traits also seem to be writ large on the defence of Respondents 1 and 2, (director and producer of film “Jannat-2”) in the action taken out by the appellant plaintiff for infringement of copy right and for breach of confidence, wherein it is the case of the appellant-plaintiff that the plaintiff had given to Respondent/Defendant No.1 and Defendant No.1 accepts that the plaintiff had given to Defendant No.1 the story for a film.

2. The plaintiff has filed Suit (Lodging) No.1182 of 2012 and also filed Notice of Motion (Lodging) No.1490 of 2012 for injunction against the release of the film “Jannat-2” directed by Defendant No.1 and produced by Defendant No.2. It is the case of the plaintiff that the plaintiff had registered his script “Zero” with the Film Writers Association on 12 November, 2007 and that the film 'Jannat 2' was in clear infringement of plaintiff's script. It is the case of the plaintiff that the plaintiff had discussed the story with Defendant No.1 and had personally met Defendant No.1 several times discussing the story. Reference is made to the





























































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