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1995 Supreme(Del) 365

High Court Of Delhi
REOTI SARAN SHARMA - Appellant
Versus
NUMERO UNO INTERNATION - Respondent
Interim Application 2645 of 1995
Decided On : 05/01/1995

Advocates Appeared:
H.P.SINGH, MUKUL ROHTAGI, VIJAY SHANKARDASS, VIPIN SANGHI

Headnote:Civil Procedure Code, 1908 - Order 39 Rule 1 & 2 — Petition seeking interim injunction restraining the defendant from using the copy right work created by the plaintiff, in a tele Seriall — The plaintiff rendering his services by writing dialogue and script of a tele Seriall — The dispute relates to the number of episodes for which the plaintiff rendered his services — The services of the plaintiff stood fully utilized and the Seriall already telecasted on television — A vague order of injunction about an uncertain infringement in future, cannot be granted, more so when the injury likely to be caused can be compensated adequately in terms of damages.

N. G. Nandi, J.

( 1 ) THE plaintiff seeks relief of ad interim injunction pending hearing and disposal of the suit under Order 39 Rule 1 and 2 Civil Procedure Code on the averments in the plaint that the plaintiff has been writing plays, dialogues, story lines and is a member of National Juries for Film and Radio Awards; that defendant No. 1 is a sole proprietory concern of defendant No. 2 who is a well known film actor, producor and director in the film industry; that defendant No. 2 earlier produced and directed T. V. Serial "the SWORD OF TIPU SULTAN". Thereafter, defendant No. 2 embarked upon the idea of producing another TV serial with the banner "the GREAT MARATHA"; that on this occasion, defendant No. 2 invited the plaintiff to his office at Bombay for discussion; that the plaintiff entered into an agreement with defendants 1 and 2 on 1. 10. 1993, which is reproduced in the plaint; that according to the contract, the plaintiff started rendering his services of writing dialogues on the basis of the story and the script provided by the defendants. Upto July, 1994, the plaintiff wrote the dialogues/script upto episode No. 38. Thereafter, as desired by defendant No. 2, the plaintiff started providing story line scripts on the basis of his research and dramatic sequences. The story lines provided by the plaintiff were used by the defendants upto the episode No. 43 approximately; that the dialogues and the words spoken by the characters in the serial were written by the plaintiff. It is upon the literary excellence of the dialogue writer that the characters become alive; that defendants failed to keep their obligation by making the payment for the works done by the plaintiff, even after the episodes were telecast. That defendants, in all, made total payments of Rs. 2,30,000. 00 to the plaintiff which is equivalent to the fee for 11 and half episodes. The plaintiff accordingly wrote the dialogues upto the `victory of Mathura by the great Maratha Mahadji Scindia and the story line script upto the Shaha Alam s return to Delhi ; that the defendants fully exploited the plaintiff by giving promises to pay the plaintiff his dues by August, 1994; that copy right, however, continued to remain with the plaintiff since there was no assignment due to the lack of consideration. That the plaintiff was shocked to receive a letter dated 5. 9. 1994 whereby the services of the plaintiff, in relation to tele serial "the GREAT MARATHA" were terminated with immediate effect. Defendants 1 and 2 made baseless and unfounded allegations against the plaintiff of desertion of serial and unprofessional and unethical behaviour. That defendants, by the said letter, did not mean to honour their commitments under the contract dated 1. 10. 1993. That defendants have given credit to the plaintiff as being the dialogue writer in each of the episodes upto the telecast of 27 episodes. The dialogues, script written by the plaintiff, were illegally used episode after episode and the defendants continued to acknowledge the same by giving credit to the plaintiff in the title as the dialogue writer upto the episode telecast till 17. 11. 1994 being episode No. 38 though, by inserting the name of Mohafiz Haider as co-dialogue writer, which was a serious infringement and dilution of his copy right. That because of the breach and termination of the agreement and as the plaintiff had been paid only in respect of 11 and half episodes, defendant did not acquire or become vested with copy right in works created by the plaintiff in his dialogues and story line scripts. That agreement dated 1. 10. 1993 was merely an agreement to assign the copy right on receiving consideration thereof. The literary work of the plaintiff has not come into existence when the said agreement had been entered into nor the plaintiff had been paid in advance for his entire contracted work. That the assignment of copy right as contemplated in the agreement dated 1. 10. 1993 was to take effect only when

























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