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2016 Supreme(Bom) 533

G.S.PATEL
XYZ FILMS LLC – Appellant
Versus
UTV MOTION PICTURES/UTV SOFTWARE COMMUNICATIONS LTD. – Respondent


Advocates Appeared:
For the Plaintiffs Dr. Birendra Saraf, with Mr. Rohan Sawant, Mr. Mahesh Mahadgut, &
Ms. Miloni Gala, i/b Mr. Mahesh Mahadgut.
For Defendant No. 1 Mr. Mustafa Doctor, Senior Advocate, with Mr. Neveille Mukerji, i/b Veritas Legal.

JUDGMENT :

A. OVERVIEW

1. By consent, the Notice of Motion is taken up for hearing and final disposal.

2. Since the time this Suit was filed, the Plaintiffs’ case in this copyright infringement action has changed more than somewhat. This is partly inevitable: much has transpired since the date of the first application for ad-interim reliefs and today. When Dr. Saraf first made his application for ad-interim reliefs on behalf of the Plaintiffs, he said that suit is based on a copyright infringement claim in, as he put it, “everything”: his clients’ film, its underlying script, screenplay and storyline. As we shall see, this also included a slightly more particularized claim. I will return to that presently.

3. I was given a copy of the Defendants’ screenplay. I struggled through it. It was not shared with Dr. Saraf or his teasm. Much later, I was also given a two-disc DVD copy of the Defendants’ work, a film called Baaghi, scheduled for release on 29th April 2016. After some initial hesitation, Mr. Dhond for the 2nd Defendant agreed to screen the film last evening for Mr. Mahadgut, the Plaintiffs’ Advocate on record, and their counsel. I have heard Dr. Saraf again this morning, Mr. Dhon



































































































































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