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2013 Supreme(Bom) 731

S.J.KATHAWALLA
Ramesh Sippy – Appellant
Versus
Shaan Ranjeet Uttamsingh – Respondent


Advocates Appeared:
For the Plaintiffs:Janak Dwarkadas, Senior Advocate, Ms. Ankita Singhania, Rohan Cama, Instructed by M/s. Bachubhai Munim & Co., Advocates.
For the Defendants:D1, D2, D4, D5 & D6, Dr. Veerendra V. Tulzapurkar, V.R. Dhond, Senior Advocates. Dr. B.B. Saraf, Mohan Jayakar, Archit Jayakar, Nikhil Wagle, i/b M/s. Jayakar & Partners. D3, Rahul Ajatshatru i/b M/s. Anand and Anand, D7, D8, Virag V. Tulzapurkar, Senior Advocate, Alankar Kirpekar, Gautam Panchal i/b M/s. MAG Legal. D9, Shiraz Rustomjee, Senior Advocate, Aditya Thakkar, Ms. Faranaaz Karbhari, Rahul Jain & Nishit Doshi i/b M/s. Res Legal, Advocates.

Judgement Key Points

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Judgment :

1. The Plaintiff – Ramesh Sippy has filed the above suit claiming to be the author and first owner of the copyright and also to the Author's Special Rights in the film titled “Sholay” (“the said film Sholay”) and other four films viz. (i) Seeta aur Geeta, (ii) Saagar,

(iii) Shaan and (iv) Andaz (“the said other films”). According to the Plaintiff, the Defendants are guilty of infringement of the Plaintiff's copyright and the Author's Special Rights in the said film Sholay and the said other films and is entitled in law to restrain them from doing so. The Plaintiff has in the said suit impugned the Deed of Gift dated 14th September 2000 whereby Defendant No. 4 has gifted to Defendant No. 5 all rights, title and interest in and to the said original Motion Picture titled 'Sholay' (ExhibitE to the Plaint) and the Agreement dated 20th July 2011 whereunder Defendant No. 5 has given on license to Defendant Nos. 7 and 8 the sole and exclusive commercial and noncommercial theatrical rights for 3D/2D/Digital and all theatrical versions (70mm/35mm) of the said film 'Sholay' for a consideration of Rs. 25 crores.

2. Defendant No.1 is the son of the Plaintiff's late sister (Soni Uttams





















































































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