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2016 Supreme(Bom) 922

G.S.PATEL
AKASHADITYA HARISHCHANDRA LAMA – Appellant
Versus
ASHUTOSH GOWARIKAR – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Rohaan Cama, with Mr. Gautam Panchal, i/b S.R. Mishra & Gautam Panchal.
For the Defendants : Mr. Ravi Kadam, Mr. Ashish Kamat, Mr. Nirmal Sharma, Mr. Parag Sawant, Mr. Gunjan Shah & Mr. Aman Arora, i/b Desai & Diwanji, Mr. Cyrus Ardeshir, with Mr. Rahul Dwarkadas & Neville Mukerji, i/b Veritas Legal, Mr. Ashish Kamat, Mr. Nirmal Sharma, Mr. Parag Sawant, Mr. Gunjan Shah & Mr. Aman Arora, i/b Desai & Diwanji.

JUDGMENT :

1. There is an unfortunate trend in this Court, increasingly frequent. At the eleventh hour, a few days or, at most, a few weeks before a major film’s scheduled theatrical release, some party rushes to this Court with a claim that his or her creative work has been plagiarized by the film’s director and producers. The present case is but the latest example.

2. What perhaps sets this one apart from others that went before is that this is quite possibly the most egregiously ill-conceived claim that I have yet encountered. As the following narrative will show, it is impossible to discern from the plaint or any of the Affidavits that have been filed by the Plaintiff, what it is that he claims has been infringed. His is an ever shifting stand. He is constant only in his inconstancy, and while I agree that a foolish consistency is often the hobgoblin of little minds, the very least an application for an urgent interim injunction demands is certainty in the claim made.

3. No plaintiff may come to this Court — or, for that matter, any court — and say “I claim my work is infrin











































































































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