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2016 Supreme(Del) 3538

RAJIV SAHAI ENDLAW
Moserbaer India Ltd. – Appellant
Versus
Modern Cinema – Respondent


Advocates Appeared:
For the Plaintiff : Mr. D.K. Singh, Mr. Saurabh Agrawal, Ms. Komal Mundhra
For the Defendant : Mr. D.K. Thakur

JUDGMENT :

1. The plaintiff has instituted this suit to restrain the defendant situated at Chennai from manufacturing, selling, circulating, distributing or giving on hire etc. any video cassettes, VCDs, DVDs, LCDs in respect of 70 Telugu films detailed in the plaint and for declaration that the defendant does not have right of any nature whatsoever in the said films and for ancillary reliefs.

2. The suit was entertained and vide ex parte ad-interim order dated 19th February, 2008, the defendant restrained from manufacturing, selling, circulating in any manner the video cassettes, VCDs, DVDs and LCDs in respect of the said 70 Telugu films. Vide the same order a Commissioner was also appointed to visit the premises of the defendant and to seize and take into custody the said cinematographic films, Masters, Inlay Cards and Music Cassettes of the said films.

3. The Commissioner so appointed reported seizure of VCDs, DVDs and box packs of the said films and delivery thereof on superdari to the representative of the defendant.

4. The defendant appeared and applied under Order XXXIX Rule 4 CPC and filed a written statement.

5. Vide judgment dated 18th February, 2010 the application of the def






































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