K. J. Sengupta, J

All the aforesaid appeals are heard analogously against the judgment and orders dated 29th April, 2010 and dated 30th April 2010. Two judgment and orders dated 29th April 2010 passed by the learned Trial Judge in two different suits on two different applications, and the judgment and order dated 30th of April 2010 was passed in connection with the suit No.101 of 2010. The appellant SAREGAMA India Limited (hereinafter referred to in short ‘SAREGAMA’) preferred appeal against the judgment and order dated 29th April 2010 and then against 30th April 2010. Nadiadwala Grandson Entertainment Limited (in short ‘Nadiadwala’) preferred its appeal against judgment and orders dated 30th April 2010 and 29th April 2010, EROS International Media Private Limited (in short ‘EROS’) preferred appeal against the judgment and order dated 30th April 2010; Anandji Virji Shah and others (hereinafter in short ‘Anand’) preferred appeal against judgment and order dated 29th April 2010 refusing to grant interlocutory relief in favour of this appellants.

It is pertinent to record that all the aforesaid orders were passed in three civil suits by the learned Trial Judge on the respective applications for interlocutory relief at the ad interim stage and those applications are still pending for final hearing. But it appears the effect of the two orders of the learned Trial Judge is so substantial that those really dispose of the interim applications finally if not the suit itself.

The short fact which give rise to the present appeals is as follows:-

One M/s. Prakash Mehra Productions had produced a feature film ‘Laawaris’ in the year 1981. By an agreement in writing dated 19th July 1981 Prakash Mehra, since deceased being the sole proprietor of the said M/s. Prakash Mehra Productions, assigned the rights in the literary, dramatic, musical and artistic works and the soundtrack and recording of the songs of the said film unto and in favour of erstwhile Gramophone Company India Limited being predecessor-in-interest of the appellant SAREGAMA. However, the right acquired under the said agreement is seriously disputed by the said Mehras and also by Anand Virji Shah and others who are claiming exclusive copyright in the music of the songs. The SAREGAMA in terms of the right acquired under the said agreement, thereafter, by an agreement dated 11th February, 2010 entered with the one Nadiadwala Grandson Entertainment Private Limited (hereinafter in short Nadiadwala) and Super Cassettes Industries Limited (hereinafter referred to as Super) granted licence amongst others to record and synchronize the lyrics and music of the song “Apni To Jese Tese” composed by Kalyanji Anandji and lyrics by Prakash Mehra in the film “Laawaris”. Nadiadwala according to the terms of the said agreement of 11th February 2010 synchronized the music and lyrics of few lines of the said song “Apni To Jese Tese’ in the song with first words ‘Aapka Kaya Hoga (Dhanno)’ in film “Housefull”. After producing the film Nadiadwala granted distribution right of the said film to EROS International Media Private Limited (hereinafter in short EROS). The scope of agreement dated 11th February 2010, inexhaustively is grant of licence by SAREGAMA to Nadiadwala and Super Cassettes to record and synchronize use, exploit recreated sound recording the said song with the lyrics and music ‘Apni To Jese Tese’ from the film LAAWARIS by physical and non-physical means, modes or formats including on mobile and digital platform and to make any sound recording embodying the recreated sound recording either alone or together with any other sound recording etc. and also to exploit new film HOUSEFULL by any mean including VCP, DVD, television, internet etc.

By letter dated 4th March 2010, Prakash Mehra Productions through the heirs of Prakash Mehra alleged that Nadiadwala has used for his movie HOUSEFULL one of their song ‘Apni To Jese Tese’ from movie LAAWARIS, but Nadiadwala has not approache