Manmohan Singh, J.

1. This order shall dispose of the application being I.A. No. 2196/2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) filed by the plaintiff to confirm the ad interim order dated 19th February, 2008 and I.A. No. 3224/2008 under Order XXXIX Rule 4 of the CPC filed by the defendant for vacation of the above-mentioned interim order.

2. The plaintiff has filed the present suit for permanent injunction restraining infringement of copyright, rendition of account, passing off, delivery up, damages etc. against the defendant.

3. The plaintiff is carrying on business, inter alia, of manufacturing and acquiring video copyrights in respect of cinematographic films. It is the plaintiff's case that it entered into five separate agreements pertaining to assignment of copyrights with the film distributors/valid copyright holders of various cinematographic films, who had obtained the same from the producers thereof for the purpose of acquiring video copyrights in them. The details of the five agreements are as follows; the first agreement with M/s. West Top Investment India (P) Ltd. dated 28th July, 2006 for 55 movies; the second agreement with M/s. Sree Devi Video Corporation dated 29th July, 2006 for 9 movies; the third agreement with M/s. AN Enterprises dated 4th July, 2006 for 4 movies; the fourth agreement with M/s. MK Noor Mohamad dated 1st July, 2006 for 1 movie and the fifth agreement with M/s. New Music dated 18th July, 2007 for 1 movie. The plaintiff has, in this way, acquired valuable and exclusive video rights in respect of 70 Telugu films by virtue of various agreements and assignment deeds in its favour. The names of the 70 Telugu films are given below:

1.

Panakkara Kudumbam

2.

Panam Padaithavan

3.

Paasam

4.

Periya Idathu Penn

5.

Uravai Katha Kili

6.

Sumangali

7.

Aalayamani

8.

Arunagiri Nadhar

9.

Devi Dharisanam

10.

Muthal Vasantham

11.

Moondru Mudichu

12.

Ninaithaale Innikkum

13.

Padikkadha Pannaiyaar

14.

Raktha Thilagam

15.

Thaayin Madiyil

16.

Athisaya Piravigal

17.

Deivam

18.

En Bommukutti Ammavukku

19.

En Jeevan Paduthu

20.

Goondukili

21.

Kaalamellam Kadhal Vaazhga

22.

Kaathavaraayan

23.

Kadal Meengal

24.

Kanni Paruvathilea

25.

Kozhi Koovudhu

26.

Kungumam

27.

Maha Kavi Kaalidas

28.

Naan

29.

Needhikku Thalai Vanagu

30.

Needhikkuppin Paasam

31.

Nenjil Oru Ragam

32.

Nizhal Nijamakirathu

33.

Paalum Pazhamum

34.

Paatum Pazhamum

35.

Padithal Mattum Podhuma

36.

Parakkum Paavai

37.

Pattanathi Bootham

38.

Pazhani

39.

Poovizhi Vaasalilea

40.

Raajadhi Raaja

41.

Raasu Kutty

42.

Raman Ethanai Ramanadi

43.

Rosappoo Ravikkai Kaari

44.

Saraswathi Sabatham

45.

Shanthi

46.

Singaara Vealan

47.

Vidinja Kalanam

48.

Yellam Enbamayam

49.

Rail Payananalil

50.

Kanavea Kalaiyathe

51.

Kanniththai

52.

Maanavan

53.

Malaiyur Mamootiyan

54.

Muggaraasi

55.

Navarathinam

56.

Paanai Pidithaval Bakyasaali

57.

Padikkadha Methai

58.

Panama Paasama

59.

Pattikaada pattanama

60.

Periyanna

61.

Ranga

62.

Thaai Sollai Thattadhea

63.

Thaiku Thalaimagan

64.

Thanippiravi

65.

Thiruvarul

66.

Thozhilali

67.

Thunaivan

68.

Vandicholai Chinna Rasu

69.

Vellikkizhamai Viradham

70.

Vivasayee.

4. As per the terms of the aforesaid assignment deeds, the above-mentioned companies being the copyright holders of the said films assigned video copyrights thereof in favour of the plaintiff for transferring, processing, duplicating, copying, taping etc. of the videos in any format including VCDs and DVDs of the said films.

5. The cause of action in the present case arose when the plaintiff came to know that the defendant had wrongly, illegally and without any license from the plaintiff published the above mentioned 70 cinematographic films and had illegally and unauthorizedly recorded the aforesaid cinematographic films without any license or consent from the plaintiff.

6. According to the plaintiff, at no point of time has it granted any license or assigned any right of any nature to the defendant in the aforesaid 70 films. Thus, the defendant has no right, title or interest to manufacture, circulate or sell any such VCDs or DVDs of the aforementioned 70