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2015 Supreme(Bom) 801

S.C.GUPTE
Jyoti Kapoor – Appellant
Versus
Kunal Kohli – Respondent


Advocates Appeared:
For the Plaintiffs:Sharan Jagtiani, Rahul Ajatshatru i/b. M/s. Anand & Anand, Advocates. For the Defendants:D1, D2, Dr. V.V. Tulzapurkar, Senior Advocate, Farhan Dubhash, V.M. Hegde, R. Rajpal, Saijo Mathew i/b. M/s. Singh & Singh & Malhotra & Hegde, D3, Jamshed Mistry, Malvika Kalva i/b. M/s. ALMT Legal, Advocates, D4, D5, Venkatesh Dhond, Senior Advocate.

Judgment :-

1. This suit is a breach of confidence action. It also alleges infringement of copyright. The gist of the Plaintiffs' case is that the 1st Plaintiff is the author and first owner of copyright in the original literary work, being the script and screenplay for a film, 'R.S.V.P', which was disclosed in circumstances of confidence to the 1st Defendant, and he made unauthorized use of the same to produce a film, 'Phir Se', without the Plaintiffs' consent. The Plaintiffs seek an interlocutory injunction against release of the film 'Phir Se', complaining of both breach of confidence and infringement of copyright, though what was chiefly argued at the bar was the case of breach of confidence.

2. The 1st Plaintiff is a film and screen writer by profession. In or around 2010, she claims to have conceptualized the plot and story line of a new and original story for a film and commenced working on an original screenplay for a romantic comedy under a working title 'R.S.V.P'. The 1st Plaintiff initially registered the synopsis of the story containing the plot and the story line of 'R.S.V.P' with Film Writers Association ('FWA'), Mumbai in the year 2010. After developing the first draf









































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