VALMIKI J. MEHTA, J (ORAL)

1. Plaintiff M/s Interlude Technologies, a proprietorship concern through proprietor Sh. Amit Sharma, has filed the present suit against a total of 8 defendants alleging infringement of copyright, passing off, seeking rendition of accounts, etc with respect to the case of the plaintiff that defendants have violated the copyright of the plaintiff in the animated feature film ‘Ramayana’ created by the plaintiff.

2. Defendants have not appeared in the suit and have been proceeded ex parte. Though originally the defendant no.5 appeared and contested the suit however the defendant no.5 thereafter chose not to appear and was proceeded ex parte. Vide a detailed Order dated 13.4.2009 of a learned Single Judge of this Court, interim injunction in favour of the plaintiff was confirmed and the defendants were restrained from in any manner violating the copyright of the plaintiff in the animation film ‘Ramayana’ either by telecasting the same or in any other manner.

3. The case of the plaintiff is that the plaintiff is engaged in the manufacturing and publishing of animated cinematographical films and their licensing and distribution etc. Plaintiff states